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NY court applies old late notice rule to a post-January 17, 2009 policy

September 27 2013 In its recent decision in Indian Harbor Ins. Co. v. The City of San Diego, 2013 U.S. Dist. LEXIS 137873 (S.D.N.Y. Sept. 25, 2013), the United States…

California court holds food truck constitutes mobile equipment

January 31 2014 In American States Insurance Company v. Travelers Property Casualty Company of America, 2014 Cal. App. LEXIS 74 (January 27, 2014), California's…

California court holds § 998 offer exceeding policy limits made in good faith

October 17 2013 In its recent decision in Aguilar v. Gostischef, 2013 Cal.App. LEXIS 816 (Cal. App. 2d Dist. Oct. 11, 2013), a California appellate court had…

California court holds no coverage for Prop 65 case

June 15 2011 California’s Proposition 65 of the California Safe Drinking Water and Toxic Enforcement Act of 1965, §§ 25249.5 et seq., is a “remedial statute” which, among other things, requires “businesses to warn individuals about carcinogens and reproductive toxins to which they may be exposed through commercial transactions, employment, and the environment.”  Consumer Cause, Inc. v. SmileCare, 91 Cal.App.4th 454 (Cal.App. 2001).

Florida court allows extrinsic facts for determining duty to defend

October 16 2012 In its recent decision in Composite Structures, Inc. v. Cont'l Ins. Co., 2012 U.S. Dist. LEXIS 147320 (M.D. Fla. Oct. 12, 2012), the United States District Court for the Middle District of Florida considered if and when an insurer can rely on facts extrinsic to a complaint for the purpose of determining a duty to defend.

Eighth Circuit holds pollution exclusion applicable to sealant fumes

May 14 2014 In its recent decision in United Fire & Cas. Co. v. Titan Contrs. Serv., 2014 U.S. App. LEXIS 8879 (8th Cir. May 13, 2014), the United States Court…

Illinois Court holds that potential for excess judgment requires independent counsel

May 6 2014 In its recent decision in Perma-Pipe v. Liberty Surplus Ins. Corp, 2014 U.S. Dist. LEXIS 54867 (N.D. Ill. April 21, 2014), the United States District…

Oregon court holds fee dispute does not trigger E&O policy

April 29 2014 In its recent decision in Bennett v. United States Liab. Ins. Group, 2014 U.S. Dist. LEXIS 57873 (D. Ore. Apr. 25, 2104), the United States District…

Sixth Circuit holds liquor liability exclusion inapplicable to Dram Shop case

April 25 2014 In its recent decision in Mid-Continent Ins. Co. v. Coder, 2014 FED App. 0295N (6th Cir. Apr. 21, 2014), the United States Court of Appeals for the…

Eleventh Circuit affirms summary judgment based on blast fax exclusion

April 22 2014 In its recent decision in Interline Brands, Inc. v. Chartis Specialty Ins. Co., 2014 U.S. App. LEXIS 6945 (11th Cir. Apr. 15, 2014), the United…