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Search Results (1168) Documents on Litigation, Insurance Show: results per page Sort by:  | Federal District Court Abstains From Coverage Action Based On Pending Case in California State Court
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article May 23, 2013, previously published on May 14, 2013 Judge Sidney Fitzwater of the Northern District of Texas recently stayed a coverage action under the “abstention doctrine,” concluding that while the issues before him were ripe for adjudication and that he had the authority to grant the relief requested, he should nevertheless abstain...
| | Assignment of Claims against Subcontractors Not Voided by General Contractor’s Insurers ’ Subrogation Rights
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article May 23, 2013, previously published on May 14, 2013 A construction lawsuit against four subcontractors was given new life last week when the Texas First Court of Appeals in Houston overturned a summary judgment based in part on the conclusion that the general contractor’s insurers’ subrogation rights did not prevent a suit against the...
| | McAllen Federal Judge Refuses to Remand Residential Hail Suit on Amount-In-Controversy Issue
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article May 23, 2013, previously published on May 14, 2013 The plaintiffs in a hail suit may have pleaded that “[p]laintiffs seek damages, inclusive of attorney fees, in an amount not exceeding $75,000[,]” but that was insufficient to defeat federal diversity jurisdiction based on the amount in controversy requirement, and their motion to...
| | Northern District of Texas Refuses to Extend Insurer’s Duty to Defend beyond the Policyholder’s Employees
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article May 23, 2013, previously published on May 9, 2013 In Colony Insurance Company v. Marty D. Price, No. 3:11-CV-3536-D, 2013 WL 1797786 (N.D. Tex. April 29, 2013). The Northern District of Texas determined that that Colony Insurance Company (“Colony”) did not owe a duty to defend to multiple defendants associated with a nightclub. Colony...
| | Federal Court Holds That A Director And Omissions Liability Policy May Not Be Transformed Into A Policy That Provides Coverage For The Policyholder’s Own Loss
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article May 23, 2013, previously published on May 9, 2013 Judge Fitzwater from the United State District Court for the Northern District of Texas granted Zurich American Insurance Company’s (“Zurich”) Motion to Dismiss pursuant Rule 12(b)(6) in American Construction Benefits Group, LLC v. Zurich American Insurance Company, No....
| | Unambiguous Pollution Exclusion Knocks Out Neighborhood Mass Tort Action
Andrew Grigsby; Hinshaw & Culbertson LLP;
Legal Alert/Article May 22, 2013, previously published on May 20, 2013 The U.S Court of Appeals for the Eleventh Circuit addressed coverage under a commercial general liability policy for a developer being sued by an entire neighborhood of plaintiffs. In their complaint, the residents claimed bodily injury for negligence, nuisance, trespass and violations of the...
|  | Insurance Arbitration in Major Brazilian Infrastructure Project: A Policy That Turned Into a Police Case
Antonio Marzagão Barbuto Neto, Fernando Eduardo Serec; TozziniFreire Advogados;
Legal Alert/Article May 22, 2013 There is a saying among lawyers that hard cases make bad law, and this is no less true in arbitration than it is elsewhere. In a recent decision, the State Appeals Court of São Paulo dealt with a case that is as hard as it can get: it involves rioting construction workers, a R$ 1.4 billion...
| | Water Leaks Are an Ongoing Battleground for Insurance Coverage and Creative Policy Interpretation
Chandra D. Lantz; Hirschler Fleischer A Professional Corporation;
Legal Alert/Article May 20, 2013, previously published on May 15, 2013 Insurance companies work to protect their policyholders from risk. But the protection ends at the four-corners of the policy document itself: insurance, after all, is a contract based risk-sharing business, not a lottery. As a result, when policy language does not line up with a submitted claim,...
| | The Amazing Disappearing “Accident” Requirement in Occurrence-Based Liability Policies
Christopher M. Garcia; Hinshaw & Culbertson LLP;
Legal Alert/Article May 17, 2013, previously published on May 15, 2013 In 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...
| | US Airways v. McCutchen: When Silence Is Not Golden
Jones Day;
Legal Alert/Article May 15, 2013, previously published on May 2013 Sponsors and administrators of self-insured health and welfare plans, as well as insurance companies that offer insured health and welfare products, take out your scrivener devices! In US Airways v. McCutchen, the U.S. Supreme Court again addressed the right of a welfare plan to reimbursement of...
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