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Results: 11-20 of 201

Maryland court holds prejudice rule applies to claims made and reported policy
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • February 28 2014

In its recent decision in Navigators Specialty Ins. Co. v. Med. Benefits Administrators of Maryland, 2014 U.S. Dist. LEXIS 22631 (D. Md. Feb. 21


Texas court holds prior knowledge exclusion in E&O policy inapplicable
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • December 20 2012

In its recent decision in OneBeacon Insurance Company v. T. Wade Welch & Associates, et al., 2012 U.S. Dist. LEXIS 178587 (S.D. Tex. Dec. 18, 2012), the United States District Court for the Southern District of Texas had occasion to consider the application of a prior knowledge exclusion in a professional liability policy


New York court holds negligent supervision claim triggers defense
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • March 26 2012

In its recent decision in Am. Auto. Ins. Co. v. Sec. Income Planners & Co., 2012 U.S. Dist. LEXIS 39444 (E.D.N.Y. Mar. 22, 2012), the United States District Court for the Eastern District of New York had occasion to consider exclusions in a professional liability applicable to commingling andor conversion of client funds, and whether these exclusions applied to the named insured’s negligent failure to prevent an employee from committing such conduct


Fifth Circuit addresses contractual liability exclusion
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • February 22 2012

In its recent decision in Colony Nat'l Ins. Co. v. Manitex, L.L.C., 2012 U.S. App. LEXIS 3311 (5th Cir. Feb. 20, 2012), the United States Court of Appeals for the Fifth Circuit, applying Texas law, considered what constituted an “insured contract” for the purpose of a contractual liability exclusion in a general liability policy


Florida court allows extrinsic facts for determining duty to defend
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • 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


California court holds non-owned site disposal exclusion is ambiguous
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • November 7 2011

In its recent decision Sierra Recycling & Demolition v. Chartis Specialty Insurance Co., 2011 U.S. Dist. LEXIS 127354 (E.D. Cal. Nov. 3, 2011), the United States District Court for the Eastern District of California considered the scope a non-owned site disposal exclusion, a form of exclusion commonly found in pollution liability insurance policies


California court denies rescission of insurance policy
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • May 4 2012

In its recent decision in Thompson v. Navigators Ins. Co., 2012 U.S. Dist. LEXIS 60122 (S.D. Cal. Apr. 30, 2012), the United States District Court for the Southern District of California considered whether an insurer was entitled to rescission of a general liability policy issued to a contractor based on misrepresentations concerning the nature of work it would be performing


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


Arizona court finds coverage under D&O policy
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • April 11 2011

The eight-year lawsuit captioned Wojtunik v. Kealy, pending in the United States District Court for the District of Arizona, has resulted in yet another decision of interest concerning directors and officers coverage


Eleventh Circuit holds mental anguish claim not bodily injury
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • April 12 2013

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