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Article

Traub Lieberman Straus & Shrewsberry LLP | USA | 22 Oct 2013

Florida court holds contract claim does not trigger E&O policy

In its recent decision in Public Risk Mgmt. of Fla. v. One Beacon Ins. Co., 2013 U.S. Dist. LEXIS 150091 (M.D. Fla. Oct. 18, 2013), the United States

Article

Traub Lieberman Straus & Shrewsberry LLP | USA | 13 Jun 2013

New York’s Court of Appeals addresses breach of duty to defend

In its recent decision in K2 Investment Group, LLP v. American Guarantee & Liability Ins. Co., 2013 N.Y. LEXIS 1461, 2013 NY Slip Op. 4270 (NY June

Article

Traub Lieberman Straus & Shrewsberry LLP | USA | 19 Apr 2013

Michigan court holds contract exclusion applicable

In its recent decision in Certified Restoration Drycleaning Network v. Fed. Ins. Co., 2013 U.S. Dist. LEXIS 54457 (E.D. Mich. Apr. 16, 2013), the

Article

Traub Lieberman Straus & Shrewsberry LLP | USA | 12 Apr 2013

Eleventh Circuit holds mental anguish claim not bodily injury

In its recent decision in N.H. Ins. Co. v. Hill, 2013 U.S. App. LEXIS 7204 (11th Cir. Apr. 10, 2013), the United States Court of Appeals for the

Article

Traub Lieberman Straus & Shrewsberry LLP | USA | 26 Jun 2012

Oregon Federal Court holds no duty to pay insured’s appellate costs

In its recent decision in City of Medford v. Argonaut Ins. Group, 2012 U.S. Dist. LEXIS 86114 (D. Ore. June 21, 2012), the United States District Court for the District of Oregon had occasion to consider whether an insurer’s duty to defend includes an obligation to pay for appellate costs involving non-covered claims.

Article

Traub Lieberman Straus & Shrewsberry LLP | USA | 8 May 2012

South Carolina court awards insured declaratory judgment fees through appeal

In a matter involving an issue of first impression under South Carolina law, the United States District Court for the District of South Carolina, in its recent decision in Jessco, Inc. v. Builders Mutual Insurance Co., 2012 U.S. Dist. LEXIS 62114 (May 3, 2012), considered whether an insured is entitled to recover fees and costs after successfully litigating a declaratory judgment action on appeal.

Article

Traub Lieberman Straus & Shrewsberry LLP | USA | 6 Mar 2012

Eighth Circuit holds claim against general contractor not an occurrence

In its recent decision in Secura Ins. v. Horizon Plumbing, 2012 U.S. App. LEXIS 4477 (8th Cir. Mar. 5, 2012), the United States Court of Appeals for the Eighth Circuit, applying Missouri law, considered whether an underlying breach of contract claim could be construed as an “occurrence” triggering coverage under a general liability policy.

Article

Traub Lieberman Straus & Shrewsberry LLP | USA | 25 Oct 2011

Alabama Supreme Court addresses coverage for faulty workmanship

In its recent decision Town & Country Prop., L.L.C. v. Amerisure Ins. Co., 2011 Ala. LEXIS 183 (Ala. Oct. 21, 2011), the Supreme Court of Alabama had occasion to consider whether an underlying suit for defective workmanship triggered coverage under a general liability policy.

Article

Traub Lieberman Straus & Shrewsberry LLP | USA | 3 Oct 2011

Louisiana court holds allegation of negligence did not trigger duty to defend

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.

Article

Traub Lieberman Straus & Shrewsberry LLP | USA | 17 Aug 2011

Connecticut federal court split on recoupment of defense costs

In Nationwide Mutual Ins. Co. v. Mortensen, 2011 U.S. Dist. LEXIS 77356 (D. Conn. July 18, 2011), the United States District Court for the District of Connecticut affirmed its earlier decision that an insurer was not entitled to recoupment of defense costs despite receiving an adjudication that it had no duty to defend.

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