We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance

Results: 1-10 of 600

Eleventh Circuit affirms duty to defend Legionnaires’ Disease lawsuit
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • October 26 2012

In its recent decision in Westport Ins. Corp. v. VN Hotel Group, 2012 U.S. App. LEXIS 22187 (11th Cir. Oct. 25, 2012), the United States Court of Appeals for the Eleventh Circuit, applying Florida law, had occasion to consider whether a pollution exclusion and a fungibacteria exclusion operated to bar coverage for an underlying wrongful death claim involving Legionnaires' Disease

California court addresses payment of self-insured retention
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • January 9 2012

In its recent decision in National Fire Ins. Co. of Hartford v. Federal Ins. Co., 2012 U.S. Dist. LEXIS 641 (N.D. Cal. Jan. 4, 2012), the United States District Court for the Northern District of California had occasion to consider the issue of whether an insured was required to satisfy a self-insured retention with its own funds, or whether the retention could be paid by other insurance

California limits workers' compensation claims by professional athletes, including former NFL players with concussion-related injuries
  • Hogan Lovells
  • USA
  • October 11 2013

Following news of the NFL concussion litigation settlement, the NFL and other professional leaguesteams as well their insurers just

Fourth Circuit holds that a Virginia hunt club’s CGL policy did not cover club members for personal recreational activities
  • Phelps Dunbar LLP
  • USA
  • August 11 2015

The Fourth Circuit Court of Appeals recently held that a CGL policy did not cover a club member's liability for unintentionally shooting another

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

Tenth Circuit rules that widespread E. coli outbreak constitutes a single occurrence under liability policies
  • Steptoe & Johnson LLP
  • USA
  • July 26 2012

In Republic Underwriters Insurance Company v. Moore, No. 11-5075, 2012 WL 2948177 (10th Cir., July 20, 2012), the Tenth Circuit Court of Appeals, applying Oklahoma law, held that a restaurant’s general liability insurers were entitled to summary judgment that several hundred E. coli claims against the policyholder arose out of a single occurrence because all of the injuries were caused by one restaurant’s ongoing preparation of contaminated food

Taco Bell appeals insurance coverage case to Ninth Circuit
  • Shook Hardy & Bacon LLP
  • USA
  • May 13 2011

Taco Bell has requested that the Ninth Circuit Court of Appeals review a district court determination that three insurance companies are not required to provide coverage under commercial liability policies for economic loss allegedly arising from decreased patronage in the wake of a 2006 E. coli outbreak

Louisiana court holds allegation of negligence did not trigger duty to defend
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • October 3 2011

In its recent decision New Orleans Deli & Dining v. Cont'l Cas. Co., 2011 U.S. Dist. LEXIS 111928 (E.D. La. Sept. 30, 2011), the United States District Court for the Eastern District of Louisiana had occasion to consider whether under Louisiana law, an underlying suit pertaining to the insured’s alleged practice of depriving its employees of tips triggered a duty to defend under a commercial general liability policy

Massachusetts court rules for carrier in property dispute, orders return of advance
  • Locke Lord LLP
  • USA
  • June 28 2011

The Massachusetts Appeals Court recently concluded that an insured could not claim property insurance benefits following a fire at its restaurant, because the insured had actual knowledge that its fire-suppression system was no longer functional, and because the insured had exclusive control over the system’s maintenance

Multiple occurrences in a single E.coli outbreak: double-edged sword for insureds?
  • Stoel Rives LLP
  • USA
  • November 1 2010

Marler Clark clients and the owners of the restaurant that sold MarlerClark's clients food they claim was contaminated with E.coli O111 joined forces against the restaurant's insurer