traublieberman.blogspot.com
Traub Lieberman Insurance Law Blog: June 2013
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Traub Lieberman Insurance Law Blog. A Forum For Recent Insurance Case Law Developments. Friday, June 28, 2013. Second Circuit Holds Pollution Liability Policy Not Triggered. In its recent decision in Colonial Oil Indus. v. Indian Harbor Ins. Co. 2013 U.S. App. LEXIS 12946 (2d Cir. June 25, 2013), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to consider the scope of coverage afforded under a pollution liability insurance policy. Indian Harbor, denied cover...
traublieberman.blogspot.com
Traub Lieberman Insurance Law Blog: New York’s Highest Court Vacates Its Decision in K2
http://traublieberman.blogspot.com/2014/02/new-yorks-highest-court-vacates-its.html
Traub Lieberman Insurance Law Blog. A Forum For Recent Insurance Case Law Developments. Tuesday, February 18, 2014. New York’s Highest Court Vacates Its Decision in K2. In its February 18, 2014 decision in K2 Investment Group, LLP v. American Guarantee and Liability Ins. Co. New York’s Court of Appeals – New York’s highest court – had occasion to revisit its prior ruling concerning the effect of an insurer’s breach of the duty to defend. 21 NY3d 384 (NY 2013). 8230; we now make clear that Lang. At least ...
traublieberman.blogspot.com
Traub Lieberman Insurance Law Blog: New York’s Highest Court Holds Limitation on Suit Provision Unreasonable
http://traublieberman.blogspot.com/2014/02/new-yorks-highest-court-holds.html
Traub Lieberman Insurance Law Blog. A Forum For Recent Insurance Case Law Developments. Monday, February 17, 2014. New York’s Highest Court Holds Limitation on Suit Provision Unreasonable. In its recent decision in Executive Plaza, LLC v. Peerless Ins. Co. Peerless insured Executive Plaza under a fire loss policy that provided $1 million in coverage for “actual cash value” or “replacement cost.”. Following a fire loss, Peerless paid Executive Plaza approximately $758,000 in actual cash value. In response...
traublieberman.blogspot.com
Traub Lieberman Insurance Law Blog: October 2013
http://traublieberman.blogspot.com/2013_10_01_archive.html
Traub Lieberman Insurance Law Blog. A Forum For Recent Insurance Case Law Developments. Tuesday, October 29, 2013. First Circuit Holds Prior Knowledge Exclusion Applicable. In its recent decision in Clark School for Creative Learning, Inc. v. Philadelphia Indemnity Ins. Co. 2013 U.S. App. LEXIS 21568 (1. The donation was reflected in a financial statement published prior to the inception date of the PIIC policy. T]he Underwriter shall not be liable to make any payment for Loss in connection with any Clai...
traublieberman.blogspot.com
Traub Lieberman Insurance Law Blog: New York Court Holds Claimants Had No Standing to Sue Professional Liability Insurer
http://traublieberman.blogspot.com/2014/02/new-york-court-holds-claimants-had-no.html
Traub Lieberman Insurance Law Blog. A Forum For Recent Insurance Case Law Developments. Tuesday, February 25, 2014. New York Court Holds Claimants Had No Standing to Sue Professional Liability Insurer. In its recent decision in Commonwealth Land Title Ins Co. v. American Signature Services, Inc. Alterra insured American Signature, a title insurance agency, under a professional liability policy. In the alternative, plaintiffs sought a ruling that Alterra had a duty to defend and indemnify American Safety ...
traublieberman.blogspot.com
Traub Lieberman Insurance Law Blog: California Court Denies Summary Judgment on Known Conditions Exclusion
http://traublieberman.blogspot.com/2014/03/california-court-denies-summary.html
Traub Lieberman Insurance Law Blog. A Forum For Recent Insurance Case Law Developments. Tuesday, March 4, 2014. California Court Denies Summary Judgment on Known Conditions Exclusion. In its recent decision in Lennar Mare Island v. Steadfast Ins. Co. Decision concerns environmental liabilities at a former Naval base on Mare Island in Vallejo, California. The site was transferred to the City of Vallejo in 2002. The City later transferred the property to Lennar Mare Island, LLC (“LMI”). The Steadfast polic...
traublieberman.blogspot.com
Traub Lieberman Insurance Law Blog: March 2014
http://traublieberman.blogspot.com/2014_03_01_archive.html
Traub Lieberman Insurance Law Blog. A Forum For Recent Insurance Case Law Developments. Friday, March 7, 2014. Ninth Circuit Holds Extrinsic Facts Triggered Duty to Defend. In its recent decision in Burlington Ins. Co. v. CHWC, Inc. 2014 U.S. App. LEXIS 3941 (9. Cir Mar. 3, 2014), the United States Court of Appeals for the Ninth Circuit, applying California law, had occasion to consider an insured’s obligation to consider extrinsic facts in determining a duty to defend. Based on these facts, in particula...
traublieberman.blogspot.com
Traub Lieberman Insurance Law Blog: February 2014
http://traublieberman.blogspot.com/2014_02_01_archive.html
Traub Lieberman Insurance Law Blog. A Forum For Recent Insurance Case Law Developments. Friday, February 28, 2014. Maryland Court Holds Prejudice Rule Applies to Claims Made and Reported Policy. In its recent decision in Navigators Specialty Ins. Co. v. Med. Benefits Administrators of Maryland. MBA was a claims administrator for Brit Insurance with respect to employer benefit plans. While the parties disputed when Brit first asserted its claim against MBA – prior to the first of the two policies or...
traublieberman.blogspot.com
Traub Lieberman Insurance Law Blog: November 2013
http://traublieberman.blogspot.com/2013_11_01_archive.html
Traub Lieberman Insurance Law Blog. A Forum For Recent Insurance Case Law Developments. Tuesday, November 26, 2013. Texas Appellate Court Enforces Appraisal Provision. In a recent decision, the Court of Appeals of Texas for the Fourteenth District revisited the scope of the appraisal process in light of the prior holding in State Farm Lloyds v. Johnson,. 290 SW.3d 886 (Tex. 2009). In In re Tex. Windstrom Ins. Ass’n. Hayden refused TWIA’s appraisal demand and filed suit. TWIA filed a motion in t...Hayden ...
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