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Results: 11-20 of 201

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


Illinois court addresses coverage for trade dress infringement
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • May 23 2011

In its recent decision Priceless Clothing Co. v. Travelers Casualty Ins. Co. of America, 2011 U.S. Dist. LEXIS 53833 (N.D.Ill. May 19, 2011), the United States District Court for the Northern District of Illinois had occasion to consider the scope of advertising injury coverage afforded under a general liability policy


11th Circuit addresses late notice and related claims
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • January 7 2013

In its recent decision in Sharp Realty & Mgmt. v. Capitol Specialty Ins. Corp., 2013 U.S. App. LEXIS 243 (11th Cir. Jan. 4, 2013), the United States Court


Fifth Circuit agrees: duty to indemnify broader than duty to defend under texas law
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • July 26 2011

In D.R. Horton-Texas, Ltd. v. Markel Int’l Ins. Co., 300 S.W. 3d 740 (Tex. 2009) and Burlington Northern & Santa Fe Railway Co. v. Nat'l Union Fire Ins. Co., 334 S.W.3d 217 (Tex. 2010), the Texas Supreme Court established the rule that an insurer can have a duty to indemnify even in the absence of a corresponding duty to defend


Fifth Circuit addresses subrogation rights as between co-insurers
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • May 3 2011

In 2007, the Texas Supreme Court issued its decision in Mid-Continent Ins. Co. v. Liberty Mutual Ins. Co., 236 S.W.3d 765 (Tex. 2007), in which the court addressed co-insurers’ rights of subrogation as against each other


Massachusetts court holds fee dispute not covered under E&O policy
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • April 7 2011

The recent decision by the United States District Court for the District of Massachusetts in Clermont v. Continental Casualty Co., 2011 U.S Dist. LEXIS 32850 (D.Mass. Mar. 29, 2011) provides an interesting and illustrative study of the limits of coverage under a lawyer’s malpractice policy, in particular, what types of disputes arise out of an attorney’s “professional services.”


Prior litigation exclusion upheld by Washington court
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • March 30 2011

Application of "pending or prior litigation" exclusions are generally fact-intensive inquiries that have generated a significant amount of litigation


South Carolina court awards insured declaratory judgment fees through appeal
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • May 8 2012

In a matter involving an issue of first impression under South Carolina law, the United States District Court for the District of South Carolina, in its recent decision in Jessco, Inc. v. Builders Mutual Insurance Co., 2012 U.S. Dist. LEXIS 62114 (May 3, 2012), considered whether an insured is entitled to recover fees and costs after successfully litigating a declaratory judgment action on appeal


California court denies rescission of insurance policy
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • May 4 2012

In its recent decision in Thompson v. Navigators Ins. Co., 2012 U.S. Dist. LEXIS 60122 (S.D. Cal. Apr. 30, 2012), the United States District Court for the Southern District of California considered whether an insurer was entitled to rescission of a general liability policy issued to a contractor based on misrepresentations concerning the nature of work it would be performing


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