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Two Supreme Court rulings limit applicability of notice-prejudice rule

USA - March 2 2015 Two state supreme court rulings, issued within the space of approximately one week, enforced the notice provisions in claims-made insurance policies…

Mary ("Molly") Woodson Poag

Illinois district court grants insurer’s summary judgment motion in D&O liability declaratory judgment action

USA - November 10 2014 In Travelers Casualty and Surety Co. of America v. Bernhardt, Case No. 14-CV-128, 2014 WL 5461871, *1, 6 (N.D. Ill. Oct. 28, 2014), the federal…

John R. Casciano

Fifth Circuit affirms that coverage-adding endorsement does not negate pollution exclusion in general liability policy

USA - July 7 2014 In Liberty Mutual Insurance Company v. Linn Energy, L.L.C., __ Fed.Appx. __, 2014 WL 2925161 (5th Cir. June 30, 2014), the United States Court of…

John O'Connor

Fourth Circuit ruling affirms decision to award recoupment of defense costs to D&O liability insurer

USA - April 19 2013 In Farkas v. National Union Fire Insurance Company of Pittsburgh, PA, No. 12-1481, 2013 WL 1459248 (4th Cir. Apr. 11, 2013), the United States Court…

Harry Lee

Iowa Court of Appeals decision concludes that certain AIA contract provisions limit insurers’ ability to bring subrogation claims

USA - December 7 2012 In Federal Insurance Company v. Woodruff Construction, et al., Case No. 2-946/12-0821, 2012 WL 5954588 (Iowa Ct. App. Nov. 29, 2012), the Iowa Court of Appeals affirmed the district court’s grant of summary judgment in favor of several contractors in a subrogation action, holding that the property owner’s first-party property insurer could not bring a subrogation claim against the contractors for water damage caused by the contractors’ negligence.

Floyd P. Bienstock