Alabama Supreme Court Affirms Assault And Battery Exclusion Does Not Apply To...
The Alabama Supreme Court has held that a college fraternity’s general liability policy covers damages sustained by an assault victim as a result of the local chapter’s...
View ArticleUnder Kentucky Law, Policy Excluding Coverage for Damages Covered by Other...
The U.S. Sixth Circuit Court of Appeals has held that a general liability policy with an exclusion for damages covered by other insurance is primary to a professional liability policy containing an...
View ArticleFifth Circuit Upholds Policy’s Claims-Reporting Requirement against...
The U.S. Fifth Circuit Court of Appeals has held that a Louisiana direct action plaintiff has no right to proceed against an insurer that issued a claims-made and reported policy which did not receive...
View ArticleFederal Court in Arkansas Finds Insurer Entitled To Reformation
A federal district court in Arkansas has held an insurer entitled to reform a policy that was erroneously issued without a law enforcement exclusion. Harleysville Worchester Ins. Co. v. Diamondhead...
View ArticleFederal Court in North Carolina Holds Supplemental Extended Reporting Period...
A federal court in North Carolina recently held that a 12-month supplemental extended reporting period purchased by an insured ran from the termination of the policy’s 60-day basic extended...
View ArticleTexas Supreme Court Considers Certified Questions Concerning Coverage for...
The Texas Supreme Court has heard oral argument in Ewing Construction Co., Inc. v. Amerisure Insurance Co. on a certified question from the U.S. Fifth Circuit Court of Appeals regarding coverage for a...
View ArticleFederal Court in Kentucky Concludes That Defense Costs Incurred By Insurers...
A federal district court in Kentucky has held that two liability insurers providing insurance over multiple policy periods for a continuous exposure claim must allocate defense costs based on...
View ArticleFifth Circuit Affirms Subrogation Verdict for Insurer Holding Replacement...
The U.S. Fifth Circuit Court of Appeals recently upheld a subrogation verdict for a property insurer based on replacement cost as a determination of the fair market value of destroyed property. Factory...
View ArticleFifth Circuit Holds Firing for Expressing Breast Milk Violates Title VII
In EEOC v. Houston Funding II, Ltd., the Fifth Circuit Court of Appeals held for the first time that terminating an employee because she is lactating or expressing breast milk constitutes unlawful sex...
View ArticleHealth Care Reform Adds to the Web of Anti-Retaliation Laws Applicable to...
While many employers have focused on the requirements for health coverage, they must be mindful of the new whistleblower and anti-retaliation protections established by the Patient Protection and...
View ArticleEEOC Files Suit Over Employer Use of Criminal Background Checks
In an opening salvo following its recently revised enforcement guidelines, the Equal Employment Opportunity Commission (“EEOC”) has filed suit against two major employers, a...
View ArticleSupreme Court Improves Employers' Ability To Defend Against Unlawful...
On June 24, 2013, the United States Supreme Court rendered two decisions that make it easier for employers to defend Title VII harassment and retaliation cases, and perhaps in other discrimination...
View ArticleD.C. Circuit to DOL: You Can't Just Change Your Mind About Mortgage Loan...
Last week, a unanimous panel of the D.C. Circuit Court of Appeals vacated a 2010 Department of Labor Administrator Interpretation (AI) in which the DOL had stated that mortgage loan originators are...
View ArticleAnother Provision of Health Care Reform Delayed
Last week, the Internal Revenue Service announced that the “shared responsibility” provisions of health care reform, including certain related reporting requirements, would be...
View ArticleFederal District Court in Virginia Finds Claims for Damage Arising Out of...
A federal court in Virginia recently held that claims asserted by the victims of an insured’s drunk-boating accident were excluded by the policy’s criminal acts exclusion. Standard...
View ArticleTenth Circuit Finds Insurer Has Burden to Prove Allocation of Covered and...
The U.S. Tenth Circuit Court of Appeals reversed a district court and found that an insurer that breached its duty to defend had the burden to prove what portion of a judgment against the insured was...
View ArticleAlabama Supreme Court Rules on Multiple Environmental Coverage Issues
The Alabama Supreme Court has held that claims for environmental contamination of the insured’s property at multiple sites resulted from a single occurrence and are covered notwithstanding an...
View ArticleNorth Carolina Court of Appeals Holds Covenant Not to Execute against Insured...
The North Carolina Court of Appeals recently held that a covenant not to execute against an insured precluded claimants from recovering against the insurer because the insured could no longer be held...
View ArticleFourth Circuit Affirms Holding that Insurers are Not Required to Defend or...
The U.S. Fourth Circuit Court of Appeals recently upheld a South Carolina district court ruling that insurers had no obligation to defend or indemnify their insured in lawsuits relating to arsenic and...
View ArticleGeorgia Appellate Court Holds Insurer Waived Its Right to Pursue Recovery of...
A Georgia appellate court has held that an insurer waived its right to pursue recovery of the uncovered amount of a settlement against its insured because the insurer did not expressly reserve its...
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