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Results: 11-20 of 201

Third Circuit addresses insured status for lessor of commercial auto
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • March 26 2013

In its recent decision in Koons v. XL Insurance Company, 2013 U.S. App. LEXIS 5870 (3d. Cir. Mar. 25, 2013), the United States Court of Appeals for


Texas court holds prior knowledge exclusion in E&O policy inapplicable
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • December 20 2012

In its recent decision in OneBeacon Insurance Company v. T. Wade Welch & Associates, et al., 2012 U.S. Dist. LEXIS 178587 (S.D. Tex. Dec. 18, 2012), the United States District Court for the Southern District of Texas had occasion to consider the application of a prior knowledge exclusion in a professional liability policy


Michigan court holds notice of potential claim insufficient
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • September 24 2013

In its recent decision in Lemons v. Mikocem, LLC, 2013 U.S. Dist. LEXIS 133976 (E.D. Mich. Sept. 19, 2013), the United States District Court for the


Ninth Circuit affirms dismissal of negligent misrepresentation claim
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • September 4 2013

In its recent decision in MultiCare Health System v. Lexington Ins. Co., 2013 U.S. App. LEXIS 17981 (9th Cir. Aug. 28, 2013), the United States Court


Missouri court addresses owned property exclusion
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • January 25 2012

In its recent decision in Clarinet v. Essex Ins. Co., 2012 U.S. Dist. LEXIS 7300 (E.D. Mo. Jan. 23, 2012), the United States District Court for the Eastern District of Missouri had occasion to consider whether a general liability policy afforded coverage for an insured’s obligation to stabilize and later demolish its own building so as to prevent damage to third-party property


7th Circuit holds no coverage for restitution claim under D&O policy
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • April 13 2012

In its recent decision in Ryerson Inc. v. Federal Ins. Co., 2102 U.S. App. LEXIS 7372 (Apr. 12, 2012), the United States Court of Appeals for the Seventh Circuit, applying Illinois law, had occasion to consider whether an underlying suit seeking rescission of a fraudulent transaction triggered coverage under a directors and officers liability policy


Sixth Circuit holds supplier is a subcontractor under business risk exclusion
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • July 17 2011

In its recent decision Mosser Constr. v. Travelers Indem. Co., 2011 FED App. 0481N (6th Cir. July 14, 2011), the United States Court of Appeals for the Sixth Circuit, applying Ohio law, had occasion to consider what constitutes a “subcontractor” for the purpose of a “your work” exclusion in a general liability policy


California court holds no coverage for Prop 65 case
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • June 15 2011

California’s Proposition 65 of the California Safe Drinking Water and Toxic Enforcement Act of 1965, 25249.5 et seq., is a “remedial statute” which, among other things, requires “businesses to warn individuals about carcinogens and reproductive toxins to which they may be exposed through commercial transactions, employment, and the environment.” Consumer Cause, Inc. v. SmileCare, 91 Cal.App.4th 454 (Cal.App. 2001


Michigan court holds no coverage under successive UST policies
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • July 14 2011

In its recent decision Webb Operating Co. v. Zurich American Ins. Co., 2011 U.S. Dist. LEXIS 73675 (E.D.Mich. July 8, 2011), the United States District Court for the Eastern District of Michigan had occasion to consider whether an insured under a series of consecutive claims made and reported underground storage tank policies was entitled to coverage for remediation costs where it failed to report the “claim” during the proper policy period


New York Court addresses late notice as between co-insurers
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • June 8 2011

The decision by the New York Appellate Division, First Judicial Department, in Continental Casualty Co. v. Employers Ins. Co. of Wausau, 871 N.Y.S.2d 48 (N.Y. 1st Dep’t 2008), was a decision of particular note for its discussion of whether the insured’s underlying asbestos liabilities implicated its productscompleted operations coverage, or its ongoing operations coverage