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Results: 11-20 of 201

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


Texas court addresses business risk exclusion
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • April 26 2011

Coverage litigation concerning the so-called "business risk" exclusions in a general liability policy often times requires a very detailed inquiry into the scope of the insured's work


Florida court holds insurer has duty to indemnify legionella bacteria claim
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • October 13 2011

In Westport Ins. Corp. v. VN Hotel Group, LLC, 761 F. Supp. 2d 1337 (M.D. Fla. 2010), the United States District Court for the Middle District of Florida held that a general liability carrier had a duty to defend its insured in connection with a wrongful death lawsuit arising out of a hotel guest’s exposure to Legionella bacteria


11th Circuit affirms disclaimer under pollution buy-back endorsement
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • March 25 2014

In its recent decision in Composite Structures, Inc. v. The Continental Ins. Co., 2014 U.S. App. LEXIS 5258 (11th Cir. Mar. 20, 2014), the United


Maryland court holds prejudice rule applies to claims made and reported policy
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • February 28 2014

In its recent decision in Navigators Specialty Ins. Co. v. Med. Benefits Administrators of Maryland, 2014 U.S. Dist. LEXIS 22631 (D. Md. Feb. 21


Oklahoma court holds no coverage for medical malpractice claim
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • February 1 2013

In its recent decision in Admiral Ins. Co. v. Thomas, 2013 U.S. Dist. LEXIS 10754 (W.D. Ok. Jan. 28, 2013), the United States District for the


Sixth Circuit holds excess insurer’s coverage obligations not triggered
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • September 19 2012

In its recent decision in Goodyear Tire & Rubber Co. v. Nat'l Union Fire Insurance Company of Pittsburgh, PA, 2012 FED App. 0337P (6th Cir.), the United States Court of Appeals for the Sixth Circuit, applying Ohio law, had occasion to consider whether an excess insurer’s coverage obligations were triggered when the primary policy’s limit of liability was not fully exhausted


Ninth Circuit holds no duty to defend anxiety claim
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • September 28 2012

In its recent decision in Conley v. First Nat'l Ins. Co. of America, 2012 U.S. App. LEXIS 20281 (9th Cir. Sept. 27, 2012), the United States Court of Appeals for the Ninth Circuit had occasion to consider whether under Montana law, a lawsuit alleging “anxiety” qualified as “bodily injury” for the purpose of triggering a duty to defend under a general liability policy


Pennsylvania federal court addresses insolvency exclusion
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • December 1 2011

In its recent decision ACE Capital Ltd. v. Morgan Waldon Ins. Mgmt., LLC, 2011 U.S. Dist. LEXIS 135902 (W.D. Pa. Nov. 28, 2011), the United States District Court for the Western District of Pennsylvania had occasion to consider the scope of an insolvency exclusion in a professional liability policy


New York court addresses application of pending and prior exclusion
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • September 21 2012

In its recent decision in Executive Risk Indem., Inc. v Starwood Hotels & Resorts Worldwide, Inc., 2012 NY Slip Op 6183 (N.Y. 1st Dep’t Sept. 18, 2012), New York’s Appellate Division, First Department, had occasion to consider the application of a pending and prior exclusion in a professional liability policy