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Results: 1-10 of 123

Massachusetts court reaffirms general liability insurers’ broad duty to defend
  • Locke Lord LLP
  • USA
  • June 22 2010

The Massachusetts Appeals Court recently reaffirmed that jurisdiction's broad understanding of a general liability carrier's duty to defend, holding that an insurer had a duty to defend against a claim of trespass first asserted after the expiration of its policy period


Connecticut trial court dismisses passenger’s insurer from uninsured motorist lawsuit
  • Locke Lord LLP
  • USA
  • November 10 2009

The Connecticut Superior Court recently granted the motion for summary judgment of a passenger’s insurer in a lawsuit concerning uninsuredunderinsured motorist coverage on the basis that the amount of potential coverage was capped and coverage under this excess insurer’s policy was not recoverable


U.S. district court grants insurer’s motion for summary judgment, finding no coverage where the underlying complaint alleged solely intentional conduct
  • Locke Lord LLP
  • USA
  • November 10 2009

The U.S. District Court for the Northern District of Illinois recently granted an insurer’s motion for summary judgment, finding no coverage on the ground that the underlying complaint alleged solely intentional conduct that was not covered under the Errors and Omissions insurance policy at issue


Georgia Federal District Court finds that hot tub water is “intended for bodily consumption”
  • Locke Lord LLP
  • USA
  • November 11 2009

The United States District Court for the Northern District of Georgia recently held that an insurer had a duty to defend under a CGL policy and umbrella policy against claims relating to a hotel guest’s alleged contraction of Legionnaire’s Disease from a dirty hot tub


Pennsylvania Federal Court rules that fraudulent actswillful violation exclusion bars coverage based on CEO’s guilty plea and insurer entitled to recoupment of defense costs
  • Locke Lord LLP
  • USA
  • November 11 2009

The U.S. District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, recently held that the fraudulent actswillful violation exclusion contained in the subject Executive Protection Portfolio policy (the “Policy”) precluded coverage of defense costs for a criminal action and related derivative and securities lawsuits against an insured CEO


California federal court holds that D&O insurer is permitted to rescind policy based on nondisclosure in application
  • Locke Lord LLP
  • USA
  • November 11 2009

In a recent decision by the United States District Court for the Northern District of California, the court held that an insurer does not have to provide D&O insurance coverage to a group of bondholders who took on the responsibilities of the bankrupt insured


D&O insurers seek relief from automatic stay in order to assert coverage defense counterclaims against investment firm insureds
  • Locke Lord LLP
  • USA
  • August 7 2009

Two D&O insurers have asked the U.S. Bankruptcy Court for the District of Minnesota to lift an automatic stay in a bankruptcy proceeding pending against their insureds so that the insurers can pursue their coverage defenses as counterclaims against the insureds in a pending declaratory judgment action


Katrina: $5.5 million in damages awarded by Texas federal court to an insured under a second-layer excess insurance policy regardless of whether the underlying insurers properly paid their limits
  • Locke Lord LLP
  • USA
  • August 10 2009

On July 9, 2009, a Texas federal court awarded in excess of $5.5 million in damages to an insured under a second-layer excess insurance policy, for claims arising out of Hurricane Katrina-related damage


First Circuit: no coverage under a D&O policy where the underlying complaint does not specifically name an officer or director
  • Locke Lord LLP
  • USA
  • November 12 2009

The U.S. Court of Appeals for the First Circuit recently held that coverage under a directors and officers liability insurance policy is not available for claims against unnamed officers or directors


Louisiana Appeals Court increases trial court award to $1.3 million in statutory penalties in Katrina bad-faith case
  • Locke Lord LLP
  • USA
  • August 7 2009

A state appellate court in Louisiana recently increased a trial court’s award against an insurer in connection with a Hurricane Katrina-related bad faith claim, finding that the trial court had misinterpreted the statutory penalties available to the plaintiff