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Ohio District Court holds supplier of defective materials is not a subcontractor for purposes of exception to “your work” exclusion
  • Locke Lord LLP
  • USA
  • February 2 2010

In Mosser Constr. Inc. v. Travelers Indem. Co., Civil Action No. 3:08CV2363 (N.D. Ohio Oct. 26, 2009) (Zouhary, J.), an Ohio District Court was confronted with the question of whether a company that supplied crushed stone backfill to a general contractor is a “subcontractor” within the meaning of the insurance policy, or merely a “material supplier.”


Plus D&O symposium: morning session I
  • Locke Lord LLP
  • USA
  • February 3 2010

During a discussion on the state of securities litigation, a panel comprised of prominent securities litigators discussed trends in securities class actions and legislation that is on the horizon


Ninth Circuit: automobile insurer did not engage in bad faith by refusing to pre-authorize treatment under PIP coverage
  • Locke Lord LLP
  • USA
  • February 2 2010

In Sadler v. State Farm Mutual Automobile Insurance Company, No. 08-35859 (9th Cir. Nov. 4, 2009), the insureds sued their insurer for bad faith, among other claims, arising from their insurer’s refusal to pre-authorize surgery under the personal injury protection (“PIP”) provision of the automobile insurance policy


Connecticut Appellate Court: traffic cop not “occupying” a covered vehicle at time struck is limited to workers’ compensation benefits
  • Locke Lord LLP
  • USA
  • February 3 2010

The Connecticut Appellate Court recently affirmed a trial court decision barring a police officer from recovering underinsured motorist benefits because he was not "occupying" a covered motor vehicle at the time he was injured and, consequently, is limited to his workers' compensation remedy by the exclusivity provision contained in Conn. Gen. Stat. 31-284 (a


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


Connecticut trial court holds that “general business practice” element of an unfair settlement practice claim requires multiple acts of misconduct against multiple insureds
  • Locke Lord LLP
  • USA
  • February 5 2010

A Connecticut trial court recently held that the “general business practice” element of an unfair settlement practice claim under the Connecticut Unfair Insurance Practices Act, Conn. Gen. Stat. 38a-816(6) (“CUIPA”) requires that a plaintiff prove multiple unfair practices by an insurer against more than one insured


Connecticut jury awards $14.7 million against insurer for violation of Unfair Trade Practices Act in auto body shop class action lawsuit
  • Locke Lord LLP
  • USA
  • February 8 2010

In a class action lawsuit brought by various auto body shops and the Auto Body Association of Connecticut, a Connecticut jury recently rendered a $14.7 million verdict against an insurance company for allegedly violating the Connecticut Unfair Trade Practices Act


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


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