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HTMLThe Illinois Duty to Defend: Litigation Insurance against Groundless Suits Even When Extrinsic Facts Known to Both Insurer and Insured Would Otherwise Abrogate Coverage
Mark A. Bradford; Duane Morris LLP;
Legal Alert/Article
March 30, 2015, previously published on January 23, 2015
On January 13, 2015, the Illinois Appellate Court issued its opinion in Illinois Tool Works, Inc. v. Travelers Casualty and Surety Co., 2015 IL App. (1st) 132350 (1st Dist. 2015), wherein the court held the insurer had a duty to defend its insured against numerous vaguely pleaded toxic tort...

 

HTMLPolicyholders Need to Be Wary of Insurer Conduct Leading Them Into Suit Limitation Traps
Tara C. Kowalski; Jones Day;
Legal Alert/Article
March 30, 2015, previously published on March 11, 2015
A recent string of cases from Oregon to Connecticut addressing suit limitation provisions are a reminder of the numerous traps that surround such provisions and how insurer conduct can be misleading in those situations. Suit limitation provisions are the contractual equivalent of statutes of...

 

HTMLCan A House Be An Advertisement? The 5th Cir. Thinks So
Kristin Cummings; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
March 30, 2015, previously published by Texas Law360 on March 11, 2015
In the world of general liability insurance policies, it is not uncommon for policies to exclude coverage for claims resulting from copyright or trademark infringement, while covering claims resulting from ¿advertising injury.¿ A recent decision from the Fifth Circuit has blurred the lines on these...

 

HTMLWorker’s Compensation for the Colorado State Trooper: U-Coverage and your Insurance Company (Part 3 of 3)
Nick Fogel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on February 24, 2015
NO. Even though your U-coverage is purchased and invoked under your personal car insurance policy, your car insurance company may challenge your right to recover under your U-policy. As a result, we may need to file a lawsuit against your insurance company to ascertain fair compensation under your...

 

HTMLInsurer’s Over-Reaching Use of Pollution Exclusion Allowed by Colorado Supreme Court
Thomas W. Henderson; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 20, 2015
The Colorado Supreme Court last month agreed with an insurance company’s argument that the pollution exclusion in a liability policy applied to cooking grease.

 

HTMLBad Faith Insurance Litigation Lingers in Wake of Waldo Canyon Fire
Thomas W. Henderson; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on January 28, 2015
While the Waldo Canyon forest fire occurred almost two and a half years ago, the harrowing inferno has receded little in the memories of those affected by it. The massive fire started four miles away from Colorado Springs and raged on for over two weeks before officials finally declared that it had...

 

HTMLWorker’s Compensation for the Colorado State Trooper: Personal Injury and Subrogation (Part 2 of 3)
Nick Fogel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on February 19, 2015
If you have a workers’ compensation injury that is due to another person’s negligence, workers’ compensation is allowed by law to seek recovery from the money they provided in the course of your workers’ compensation claim. As a result, workers’ compensation gets to...

 

HTMLInsurance Law: Enforcing Claims from the Insurance Policy
Michael Rainer, Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
March 26, 2015, previously published on March 26, 2015
It is crucial both in one’s private life and in business to cover oneself against damage and loss. It is not, however, always easy to enforce claims from an insurance policy if damage or loss has occurred.

 

HTMLCourt Dismisses Boilerplate Bad Faith Claim With Prejudice, As No Conceivable Basis To Cure By Amendment (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 25, 2015, previously published on March 5, 2015
In Williams v. USAA Cas. Ins. Co., the plaintiffs (an injured driver and two passengers in her car) brought an uninsured motorist claim against the injured driver’s insurer. The court found that the putative count for violating the UIM law was actually pleaded as a claim for breach of the...

 

HTML“Physical” Damage Without Any Tangible Change - New Jersey Federal Court Continues the Expansion of “Physical” Loss or Damage
Michael J. McLaughlin; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
March 25, 2015, previously published on March 5, 2015
New Jersey courts continue to expand traditional notions of physical loss or damage in a recent decision of the New Jersey Federal District Court, Gregory Packaging, Inc. v. Travelers Prop. Cas. Co. of America, Civ. No. 2:12¿cv¿04418 WHW, 2014 WL 6675934 (D.N.J. Nov. 25, 2014) (J....

 


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