South Carolina Supreme Court Holds Insurer’s Contribution Claim against...
The South Carolina Supreme Court recently held that an insurer could not seek contribution against its insured’s co-tortfeasor where the insurer failed to include potential claims against the...
View ArticleEconomic Loss Ruling Expected to Have Minimal Impact on Florida Agents
The Florida Supreme Court recently issued its much-discussed opinion in Tiara Condominium Association, Inc., etc., v. Marsh & McLennan Companies, Inc., etc., et al. (No. SC10-1022). Strictly...
View ArticleExclusion of Expert Testimony When Opinion Not Disclosed Before Trial
A recent Mississippi Supreme Court case held that the trial court should have excluded testimony of an expert based on the fact that the expert’s theory at trial was an entirely new theory...
View ArticleTexas Supreme Court Allows Merit-Based Reviews of Orders Granting New Trial
On August 30, 2013, the Texas Supreme Court decided a significant case regarding whether an appellate court may conduct a merits-based review of a trial court’s order granting a new trial...
View ArticleFederal Court in Kentucky Rules Insured’s Failure to Comply with...
A federal district court in Kentucky has held that a CGL insurer must defend its insured against pollution liability claims, notwithstanding the insured’s inability to comply with the...
View ArticleNorth Carolina Court of Appeals Holds Whether Insurer Has Duty to Defend in...
The North Carolina Court of Appeals recently refused to consider an interlocutory appeal from an insurer with respect to its duty to defend, finding the issue of whether an insurer has a duty to defend...
View ArticleFederal Court in Virginia Holds Insurer Has Duty to Defend Insured against...
A federal court in Virginia recently held that an insurer has a duty to defend its insured against underlying claims arising from the importation of allegedly counterfeit blood glucose tests. Travelers...
View ArticleTexas Appeals Court Affirms Ruling that Insured Does Not Have a Right to...
An appellate court in Texas recently held that a potential conflict of interest between multiple insured defendants was not enough to require an insurer to retain separate counsel pursuant to the...
View ArticleTexas Supreme Court Reinstates Verdict in Builder’s Favor for Coverage...
The Texas Supreme court held that money spent in voluntary payments to remediate defective building siding is covered under an umbrella policy because the insurer did not show that it was prejudiced by...
View ArticleGeorgia Supreme Court Holds “Occurrence” Does Not Require Damage...
The Georgia Supreme Court recently held that an insured’s faulty workmanship can result in an “occurrence” under a standard CGL policy even when the only property damage...
View ArticleSouth Carolina Supreme Court Holds Insurer’s Contribution Claim against...
The South Carolina Supreme Court recently held that an insurer could not seek contribution against its insured’s co-tortfeasor where the insurer failed to include potential claims against the...
View ArticleSouth Carolina Supreme Court Holds Coverage for Damage Caused by Improper...
The South Carolina Supreme Court recently held that an insurer had no duty to cover a claim for damage to a brick face installed on a home by the insured that was caused by improper cleaning by the...
View ArticleFederal Court in Kentucky Rules Insured’s Failure to Comply with...
A federal district court in Kentucky has held that a CGL insurer must defend its insured against pollution liability claims, notwithstanding the insured’s inability to comply with the...
View ArticleFederal Court in Alabama Applies Injury in Fact Trigger and Holds Claims for...
A federal court in Alabama held that a CGL insurer has no duty to indemnify its insured against enforcement actions under the Comprehensive Environmental Response, Compensation and Liability Act...
View ArticleFlorida Supreme Court Holds Actual Repair Not A Condition Precedent to...
The Florida Supreme Court recently held that under Florida law, insurers must include overhead and profit in the replacement cost of a loss if the insured is reasonably likely to need a general...
View ArticleTennessee Appeals Court Holds “Temporary Worker” Requires that...
The Tennessee Court of Appeals has held that in order to qualify as a “temporary worker” one must have been furnished to an insured by a third party. Lafayette Insurance Co. v....
View ArticleGeorgia Supreme Court Holds “Occurrence” Does Not Require Damage...
The Georgia Supreme Court recently held that an insured’s faulty workmanship can result in an “occurrence” under a standard CGL policy even when the only property damage...
View ArticleSeventh Circuit Says Employers Cannot Defend Themselves by Claiming EEOC...
In EEOC v. Mach Mining, LLC, No. 13-2455 (7th Cir. Dec. 20, 2013), the Seventh Circuit held that employers may not defend against an EEOC-filed lawsuit by claiming that the EEOC failed to comply with...
View ArticleNational Labor Relations Board Concedes Defeat on Notice Posting Rule
On January 6, 2014, the National Labor Relations Board ("NLRB") issued a press release announcing its decision to not seek U.S. Supreme Court review of two U.S. Court of Appeals'...
View ArticleFederal Court in Kentucky Rules Insured’s Failure to Comply with...
A federal district court in Kentucky has held that a CGL insurer must defend its insured against pollution liability claims, notwithstanding the insured’s inability to comply with the...
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