Document(s) published by this organization: 129
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|The Amazing Disappearing “Accident” Requirement in Occurrence-Based Liability Policies|
Christopher M. Garcia; Hinshaw & Culbertson LLP;
May 17, 2013, previously published on May 15, 2013In the recent Second Circuit case of Scottsdale Insurance Company v. R.I. Pools, Inc., 2013 WL 1150217 (2nd Cir. 2013), the court concluded that faulty workmanship claims constitute an “occurrence” under a commercial general liability (CGL) policy where there is an exception in the...
|Failure to Inform Statutory Beneficiary of Conflict May Breach Lawyer's Duty|
Noah D. Fiedler, Terrence P. McAvoy; Hinshaw & Culbertson LLP;
May 17, 2013, previously published on May 15, 2013The New Mexico Supreme Court examined the interrelationship of the fiduciary and ethical duties owed by defendant attorney for defendant, the personal representative to the statutory wrongful death beneficiaries. The Court clarified that the adversarial exception does not bar “traditional...
|Insurance Producer Owed No Duty to Additional Insured to Notify Excess Carrier|
Donald A. O'Brien; Hinshaw & Culbertson LLP;
May 17, 2013, previously published on May 15, 2013Defendant was the insurance producer for a policy issued to an insured. There was an additional insured under that policy. An additional insured claims administrator sent the insurance producer a complaint and a request for coverage under the policy and tender of defense. The additional insured...
|Recent U.S. Supreme Court Decision on Warrantless Blood Draws Illustrates Need for Discussion Between Health Care Providers and Law Enforcement|
Jessica A. Cushard; Hinshaw & Culbertson LLP;
May 16, 2013, previously published on May 10, 2013 The U.S. Supreme Court recently affirmed a trial court’s decision to throw out blood evidence in a drunk driving investigation where the blood evidence was obtained through a warrantless, nonconsensual blood draw. Missouri v. McNeely, 599 U.S. --- (2013). This case illustrates the need for...
|Missouri Court of Appeals Finds All-Sums Language Does Not Limit Coverage to Damage During the Policy Period|
Duana J. Grage; Hinshaw & Culbertson LLP;
May 16, 2013, previously published on May 13, 2013 On April 16, 2013, the Missouri Court of Appeals embraced an “all-sums” approach to long-tail environmental exposure claims by reversing a trial court's ruling that limited the insurer's coverage obligations to sums owed under a pro rata approach. The court reinstated a jury verdict...
|Florida District Court of Appeal Holds that Additional Insured Is Entitled to Separate, Independent Counsel in "Paper Conflict" With Co-Insured|
Todd M. Davis; Hinshaw & Culbertson LLP;
May 10, 2013, previously published on May 9, 2013 On July 18, 2000, a young child drowned and nearly died while at a summer swim camp held on a university's campus. The child's parents sued both the camp and the university for negligent supervision. The lawsuit also included allegations that the university was vicariously liable for the camp's...
|Attorneys Owe Duty to Next of Kin in Wrongful Death Action|
Terrence P. McAvoy; Hinshaw & Culbertson LLP;
May 9, 2013, previously published on May 8, 2013The First District Appellate Court in Illinois held that attorneys owed a duty to a decedent’s next of kin in a wrongful death action, even though the next of kin did not execute a retainer agreement with the attorneys.
|Out-of-State Attorney Severely Criticized for Taking Unfair Advantage of Client|
Terrence P. McAvoy, David L. Winnett; Hinshaw & Culbertson LLP;
May 8, 2013, previously published on May 1, 2013Plaintiff client was injured in Mississippi. Assisted by a Mississippi attorney, a Louisiana attorney represented the client in Mississippi and settled his case for $13.6 million, resulting in $4.6 million in attorneys’ fees. The client subsequently sued the attorneys for various torts that...
|EPA Vapor Intrusion Guidance Available for Public Comment; Obtaining NFR Letters Likely to Be More Expensive|
Dana B. Mehlman, Harvey M. Sheldon; Hinshaw & Culbertson LLP;
May 8, 2013, previously published on May 3, 2013Parties entering voluntary state cleanup programs may soon find that the cost to review the real estate of concern will increase due to proposed guidance requiring extensive testing for situations where ground is contaminated with solvents, gasoline or other vapor-producing compounds. New proposed...
|Broker Liable for Failure to Obtain Excess Defense Cost Coverage for CCIP Program|
Donald A. O'Brien; Hinshaw & Culbertson LLP;
May 8, 2013, previously published on May 6, 2013Defendant insurance broker entered into a services agreement with a developer to procure insurance for a power plant project under a contractor controlled insurance program (CCIP). Under the agreement the broker was to secure commercial general liability coverage and umbrella/excess liability...