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Mendes & Mount LLP | USA | 30 May 2017

Asbestos claims and unavailability exclusion

After 1985 coverage for asbestos-related injuries claims became generally unavailable. However, courts are still grappling with the question of whether damages arising from asbestos claims should be allocated to the assured for periods when they were uninsured because insurance coverage was unavailable. In the past year, courts in Connecticut and New York have taken up the unavailability......
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Mendes & Mount LLP | USA | 7 Feb 2017

Related acts provisions in professional liability policies

Insurance policy provisions concerning 'related' acts are frequently found in professional liability and various claims-made policies. While wordings and definitions may vary in policies (where the terms are defined at all), substantial consequences can pivot on the interpretation of the word 'related'. To complicate matters further, the timing of related claims can add an additional variable......
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Katten Muchin Rosenman LLP | USA | 20 Jul 2011

Second Circuit joins Federal Aviation Administration's pre-emption camp

The US Court of Appeals for the Second Circuit recently made clear what it had hinted at two years ago in a similar decision: the federal government has field pre-emption over state regulation of air safety. While the court used Goodspeed Airport as the platform to rule that the federal government pre-empts the field of aviation safety, the actual facts did not support an ultimate holding of......
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