Texas 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 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 ArticleLouisiana Supreme Court Holds Direct Action Trial against Insurer May Proceed...
The Louisiana Supreme Court has held that because a plaintiff did not expressly renounce her right to proceed against a direct action insurer, her dismissal of the insured during trial had no effect on...
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 ArticleFifth Circuit Says Gender Stereotyping Evidence Can Be Used to Establish a...
On September 27, 2013, in an en banc ruling, a ten-judge majority of a bitterly divided sixteen-judge Fifth Circuit Court of Appeals held that the EEOC could establish a same-sex harassment claim with...
View ArticleEEOC Lawsuit Over Dreadlocks Sparks Criticism and Highlights Issues with...
The Equal Employment Opportunity Commission (“EEOC”) recently filed suit against Catastrophe Management Solutions, a Mobile, Alabama based insurance claims company, alleging the...
View ArticleEmployers Who Solicit Facebook Friend “Snooping” Could Face...
Facebook postings by employees have increasingly become a factor in employment discrimination lawsuits. In recent cases, employers were made aware of an employee’s threats of violence,...
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 ArticleThe Supreme Court Decision Confirming that Arbitration Agreements with Class...
In American Express Co. v. Italian Colors Restaurant, No. 12-133 (U.S. June 20, 2013), merchants filed a class action suit against American Express under the antitrust laws. The American Express motion...
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 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 ArticleWorkplace Profanity Can Support Religious Discrimination Claim
A United States District Court for the District of Oregon recently held that a Plaintiff may use anti-religious comments and workplace profanity as evidence in support of a religious-based hostile work...
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 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 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 ArticleLouisiana Supreme Court Holds Direct Action Trial against Insurer May Proceed...
The Louisiana Supreme Court has held that because a plaintiff did not expressly renounce her right to proceed against a direct action insurer, her dismissal of the insured during trial had no effect on...
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...
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