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Results: 1-10 of 182

Georgia Federal District Court finds that hot tub water is “intended for bodily consumption”
  • Locke Lord LLP
  • USA
  • November 11 2009

The United States District Court for the Northern District of Georgia recently held that an insurer had a duty to defend under a CGL policy and umbrella policy against claims relating to a hotel guest’s alleged contraction of Legionnaire’s Disease from a dirty hot tub


California federal court holds that D&O insurer is permitted to rescind policy based on nondisclosure in application
  • Locke Lord LLP
  • USA
  • November 11 2009

In a recent decision by the United States District Court for the Northern District of California, the court held that an insurer does not have to provide D&O insurance coverage to a group of bondholders who took on the responsibilities of the bankrupt insured


First Circuit: no coverage under a D&O policy where the underlying complaint does not specifically name an officer or director
  • Locke Lord LLP
  • USA
  • November 12 2009

The U.S. Court of Appeals for the First Circuit recently held that coverage under a directors and officers liability insurance policy is not available for claims against unnamed officers or directors


NY Court of Appeals applies Pennsylvania law to bar coverage for malpractice claim pursuant to prior knowledge exclusion
  • Locke Lord LLP
  • USA
  • November 19 2009

Reversing the intermediate appellate court, New York’s highest court recently granted summary judgment in favor of two excess insurers based upon their policies’ prior knowledge exclusion


NY lower court holds that Insurance Law 3420(a) applies to lawyer’s claims-made malpractice policy
  • Locke Lord LLP
  • USA
  • November 19 2009

The New York Supreme Court, Erie County, recently held that a lawyers’ professional liability policy constitutes a "policy or contract insuring against liability for injury to person" within the meaning of Insurance Law 3420(a)(3)-(4


California federal court rules that “insured v. insured” exclusion does not preclude insurer’s payments of defense costs in claim brought jointly by insureds and non-insureds
  • Locke Lord LLP
  • USA
  • December 1 2009

The United States District Court for the Northern District of California, applying California law, has held that an “insured v. insured” clause exclusion in a D&O policy for claims asserted by an insured against an insured did not preclude the insurer from paying for the entire defense costs incurred by insured and non-insured claimants


Connecticut Superior Court held that home seller’s misrepresentation regarding lead paint constituted “occurrence” and insurer had a duty to defend
  • Locke Lord LLP
  • USA
  • December 1 2009

A Connecticut Superior Court recently awarded summary judgment against an insurer on the basis that a home seller’s misrepresentation regarding the existence of lead paint in the home constituted an "occurrence" under her insurance policy and, therefore, the insurer had a duty to defend the seller in a lawsuit alleging negligent misrepresentation and was liable for paying the stipulated judgment agreed to by the parties


Colorado district court denies insurer’s motion for summary judgment and finds issues of fact as to reasonableness of insurer’s denied claim for uninsured motor vehicle coverage
  • Locke Lord LLP
  • USA
  • December 1 2009

In Eppich v. State Farm Mutual Automobile Insurance Company, No. 08-CV-01697-PAB-MEH (Sept. 30, 2009), the United States District Court for the District of Colorado held that an insurer failed to meet its burden on summary judgment of establishing that an accident caused by a motorcycle that was not "street legal" at the time it struck and injured a woman riding her bicycle on a trail fell within an uninsured motorist coverage’s exclusion for "land motor vehicles . . . designed for use mainly off public roads."


NY appellate court affirms motion court’s dismissal of complaint seeking defense costs under directors' and officers' errors and omission policy for investigations that resulted in disgorgement of improperly acquired funds
  • Locke Lord LLP
  • USA
  • December 2 2009

On December 1, 2009, the New York Appellate Division, First Department, unanimously affirmed Justice Marcy S. Friedman’s March 10, 2009 Decision and Order (entered March 13, 2009, Supreme Court, New York County), dismissing Millennium’s complaint as against defendant Select Insurance Company


Connecticut federal court awards summary judgment in favor of insurer due to insured’s failure to cooperate
  • Locke Lord LLP
  • USA
  • September 25 2009

A Connecticut district court recently awarded summary judgment in favor of an insurance company due to the insured’s failure to cooperate in the insurer’s investigation of a claim