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Carl J. Pernicone Document Search Results (6) Sort by:  | On Rehearing, Virginia High Court Again Finds No "Occurrence" in Global Warming Case
Thomas L. Appler, James T.H. Deaver, William K. Enger, Carl J. Pernicone, Robert E. Rider; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article April 30, 2012, previously published on April 26, 2012 In The AES Corporation v. Steadfast Ins. Co., the Virginia Supreme Court became the first state supreme court to hold that damages in a global warming suit allegedly arising from the intentional emission of greenhouse gases did not arise from an "occurrence" as that term is defined in the...
| | Indiana High Court: Absolute Pollution Exclusion Applies Only to Contaminants Specified within the “Pollutant” Definition
James T.H. Deaver, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article April 24, 2012, previously published on April 23, 2012 In State Automobile Mutual Insurance Co. v. Flexdar, Inc and RTS Realty (Mar. 22, 2012, No. 49S02-1104-PL-199), the Indiana Supreme Court reaffirmed that, in Indiana, the absolute pollution exclusion (APE) only applies to contaminants specified within the "pollutant" definition. In...
| | Connecticut Supreme Court Holds Act of Parking Car in Garage Triggers Motor Vehicle Exclusion in Homeowners’ Policy
Stephen P. Brown, Carl J. Pernicone, Samuel I. Reich; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article March 16, 2012, previously published on March 13, 2012 In New London County Mut. Ins. Co. v. Nantes, 2012 Conn. Lexis 62 (Conn. Feb. 21, 2012), the Connecticut Supreme Court was asked to determine whether houseguests’ injuries are covered by a homeowners’ insurance policy that contains an exclusion for injuries arising out of the use of a...
| | NY First Department: Responding Party to Bear Cost of Answering Discovery Requests for Physical/Electronic Documents
Gregory Bautista, Carl J. Pernicone, Thomas W. Tobin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article March 16, 2012, previously published on March 15, 2012 On February 28, 2012, one of New York’s appellate courts adopted a standard requiring that the party responding to a document request from an adversary bear its own costs in responding to the request. This burden includes the cost of locating and producing both electronically stored...
| | Virginia's High Court Finds No "Occurrence" in Global Warming Case
Thomas L. Appler, William K. Enger, Carl J. Pernicone, Robert E. Rider; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article October 12, 2011, previously published on October 2011 The Virginia Supreme Court's ruling in The AES Corp. v. Steadfast Ins. Co., No. 100764, 2011 Va. LexisNexis 185 (Va. September 16, 2011) made it the first state supreme court to find that the emission of greenhouse gases alleged to cause global warming is not an "occurrence" as that term...
| | Montana Supreme Court Says Insured’s Failure to Notify Insurer of Claim by Third Party Breaches a Material Precondition to Coverage
Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article October 11, 2011, previously published on October 2011 Can an injured third party pursue an insurer to recover on a default judgment claim against the insurer’s policyholder where the policyholder never notified the insurer of the underlying claim? No, said the Montana Supreme court in its recent opinion in Steadele, et al. v. Colony Insur. Co.,...
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