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HTMLFailure To Plead That Excess Liability Policies Were Implicated Leads To Dismissal Of Third Party DJ Complaint
Jensen Varghese, Clayton D. Waterman; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 20, 2015
In this declaratory judgment action, the court held that defendants Travelers Indemnity Company and Travelers Casualty and Surety Company (Travelers) had a duty to defend its insured Chicago Pneumatic Tool Company (Chicago Tool) for silica- and asbestos-related claims, prompting Traveler to file a...

 

HTMLGroup of Ex-NFL Players Files Written Objections to NFL’s Proposed Concussion Settlement
Joseph M. Hanna; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on December 8, 2014
On December 2, 2014, a group of ex-NFL players refusing the $765 million concussion settlement filed their objections with Judge Brody of the US District Court for the Eastern District of Pennsylvania.

 

HTMLSecond Circuit Holds “Loss Expenses” Not Categorically Excluded from Liability Limit of Facultative Reinsurance Certificate
Jeffrey L. Kingsley, Joel J. Terragnoli; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 7, 2015
In Utica Mutual Insurance Co. v. Munich Reinsurance America, Inc., the Second Circuit Court of Appeals reversed and remanded a summary judgment determination against a reinsurer with regard to the reinsurer’s obligations to reimburse the insured’s claim expenses. Utica Mutual Insurance...

 

HTMLBill Ending Antitrust Exemptions for Pro Sports Leagues Introduced
Joseph M. Hanna; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on December 5, 2014
A bill to end the current permanent antitrust exemptions of the four major professional sports leagues was introduced by Sen. Richard Blumenthal, D-Conn. on December 2.

 

HTMLCalifornia Court Extends Duty to Warn in “Take Home” Asbestos Case
Jason A. Botticelli; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on December 3, 2014
Earlier this year, the California First Appellate District Court of Appeals widened the net of potential plaintiffs beyond spouses in “take home” asbestos cases. The plaintiff, diagnosed with mesothelioma, sued multiple defendants including companies where he had occupational exposure...

 

HTMLWhere are You TRIA
Aaron J. Aisen, Frederick J. Pomerantz; Goldberg Segalla LLP;
Legal Alert/Article
February 9, 2015, previously published on December 10, 2014
Politicos and industry alike are echoing the sentiments of Cindy Lou Who when she sings “Where are you, Christmas?” in the popular movie “How the Grinch Stole Christmas” except in this case, the question is, “Where are you TRIA?”

 

HTMLFlorida Court Refuses To Enforce Employment Related Practices Exclusion Against Defamation Claim Under Coverage B
Michael P. Kandler, Kevin P. Lolli; Goldberg Segalla LLP;
Legal Alert/Article
February 9, 2015, previously published on December 16, 2014
In Khatib v. Old Dominion Insurance Co., 2014 Fla. App. LEXIS 19843 (Fla. DCA 1st Dist. Dec. 5, 2014), the Florida Court of Appeal held that Old Dominion Insurance Company (Old Dominion) did not have a duty to defend its insureds against a defamation claim. As background, the insureds, directors...

 

HTMLDistrict Court Deems Plant Contamination “Direct Physical Loss”
Ronald D. Puhala, Paul C. Steck; Goldberg Segalla LLP;
Legal Alert/Article
February 9, 2015, previously published on December 15, 2014
This commercial property coverage dispute involved a determination of whether the release of ammonia gas at a juice cup manufacturing plant constituted a “direct physical loss of or damage to” the policyholder’s property. As background, during the startup of a new manufacturing...

 

HTMLU.S. GAO Study Analyzes Market Share Among Health Care Enrollees
Fallyn B. Cavalieri, Sarah J. Delaney; Goldberg Segalla LLP;
Legal Alert/Article
February 9, 2015, previously published on December 8, 2014
The Patient Protection and Affordable Care Act (PPACA) requires the GAO to study competition and market concentration in the health insurance market. This study examined the individual, small group, and large group health insurance markets prior to the implementation of key PPACA provisions that...

 

HTMLClaim Against Vehicle Owner Key to Umbrella Coverage for Auto Loss Caused by Permissive Driver
Patrick B. Omilian, Jensen Varghese; Goldberg Segalla LLP;
Legal Alert/Article
February 9, 2015, previously published on December 5, 2014
In this insurance coverage action, Allstate appealed from an order granting summary judgment and determining that a permissive user of a motor vehicle was covered under Allstate’s umbrella policy.

 


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