Michael Kotula and Robert Maloney published the article, “The Value of Risk Transfer Consulting in Real Estate Transactions and Construction Projects,” in the Fall 2022 issue of USLAW Magazine.

The article discusses the nuances of the liability and insurance coverage issues that go along with risk transfers.

Read the full article here.

Michael Kotula, a partner in the Firm’s Insurance Coverage & Litigation Practice Group, wrote an article entitled, “Excess, Surplus Lines, and Reinsurance Committee: Among Experienced and Diverse Professionals, Find Great Friends,” for the Spring 2015 issue of the Tort Trial & Insurance Practice Law Section Journal (Vol. 44-3).

Click here to read article.

This information or any

Michael Kotula, a Partner in the Insurance Coverage & Litigation Practice Group, was a contributor to Recent Developments in Excess Insurance & Reinsurance, which has been published in the 2015 Annual Survey of the American Bar Association Tort Trial & Insurance Practice Law Journal.

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A California appellate court, affirming a trial court’s decision, has ruled that there was no coverage under a commercial general liability insurance policy for claims against a subcontractor that incorporated allegedly defective materials into a construction project, where the only damage was to the project itself.

The Case

Regional Steel Corporation subcontracted with JSM Florentine,

An appellate court in Washington has ruled that the duty of an insurer to defend its insured in connection with potential liability under the state’s Model Toxics Control Act (“MTCA”), which imposes strict liability on the owner or operator of contaminated property, is triggered if a government agency communicates an explicit or implicit threat of

The California Supreme Court has ruled that a claim of disparagement requires a plaintiff to show a false or misleading statement that specifically referred to the plaintiff’s product or business and that clearly derogated that product or business. 

The Case

Gary-Michael Dahl, the manufacturer of the “Multi-Cart,” sued Swift Distribution, Inc., doing business as Ultimate

The U.S. Court of Appeals for the Ninth Circuit, affirming a California district court’s decision, has ruled that the prior publication exclusion in general liability insurance policies barred an insurance company’s obligation to defend its insured in an action alleging trademark infringement, unfair competition and unfair business practices under federal and California law.

The Case

An appellate court in New Jersey, affirming a trial court’s decision, has ruled that an insurance company that had issued a “claims made” policy and that had not received notice of a claim “as soon as reasonably practicable” did not have to demonstrate that it had been prejudiced by the late notice to be able

The U.S. Court of Appeals for the Fifth Circuit, reversing a district court’s decision, has ruled that umbrella insurance carriers were obligated for removal of debris (“ROD”) expenses under their umbrella policies even where the underlying insurance had been exhausted by claims the umbrella policies did not cover. 

The Case

W&T Offshore, Inc., an

The South Dakota Supreme Court has upheld the enforceability of an exclusion in a commercial general liability (“CGL”) insurance policy barring coverage for an unknown progressive or continuous injury or damage that occurred before the inception date of a successor insurance policy.

The Case

Steven Thomas & Sons, LLC, was hired in 2002 by Swift

A federal district court in Maryland has ruled that an insured had the burden of demonstrating that settlements of asbestos-related claims were reasonable.

The Case

After thousands of asbestos-related claims were filed against Porter Hayden Company, it entered bankruptcy. The bankruptcy court confirmed Porter Hayden’s plan of reorganization, which established the Porter Hayden Bodily Injury

A Florida appellate court has ruled that a class action filed against an insured mortgage broker after the expiration of its claims-made professional liability insurance policy related back to a claim filed during the policy period. Therefore, the appellate court ruled, the class action claim was covered by the policy. 

The Case

In October 2007,

The U.S. Court of Appeals for the Eleventh Circuit has ruled that an exclusion in a commercial general liability insurance policy for violations of any statute that addresses transmitting any material or information (the “Exclusion”) barred coverage of a “junk fax” lawsuit against the insured for allegedly violating the federal Telephone Consumer Protection Act (the

The U.S. Court of Appeals for the Eighth Circuit has ruled that claims brought by four siblings against a single financial advisor were “interrelated wrongful acts” and not separate claims for purposes of the advisor’s professional liability insurance policy.

The Case

After each of four siblings – all members of the Shakopee Mdewakanton Sioux Community

The U.S. Court of Appeals for the First Circuit has ruled that an insurance carrier may appeal an order issued in a declaratory judgment action requiring that it advance defense costs to its insureds.

The Case

After Westernbank of Puerto Rico was closed and the Federal Deposit Insurance Corporation (“FDIC”) was appointed receiver, the FDIC

The U.S. Court of Appeals for the Tenth Circuit, reversing a trial court’s decision, has decided that an insurance carrier was not entitled to summary judgment in a coverage case for late notice where it had not demonstrated that it had been prejudiced.

The Case

In January 2008, employees of the Lyons Salt Company detected

The U.S. Court of Appeals for the Eighth Circuit, applying Nebraska law, has ruled that an absolute pollution exclusion barred coverage for indoor air exposure to carbon monoxide.

The Case

John Green, the pastor of Clay Center Christian Church, resided at the church’s parsonage with his wife, Cheryl. After the parsonage’s heating system allegedly malfunctioned

The U.S. Court of Appeals for the Eleventh Circuit, reversing a district court’s decision, has found coverage for an outbreak of Legionnaire’s disease at a hotel despite the insurance policy’s absolute pollution and fungi or bacteria exclusions because of allegations that the insured had negligently designed the hotel’s plumbing and filtration systems, which the circuit

A Pennsylvania appellate court has ruled that Pennsylvania law does not recognize a multiple trigger theory in property damage cases. 

The Case                                                                       

After gasoline allegedly leaked from a gas station owned by Thomas F. Wagner and Thomas F. Wagner, Inc. (together, “Wagner”), onto neighboring properties, a number of neighbors sued Wagner and Titeflex Corporation,

The U.S. Court of Appeals for the Eleventh Circuit, applying Florida law in a case involving a “pollution buy back endorsement,” has found an exception to the general rule that the duty to defend was determined solely from the allegations of the complaint.

The Case

Two seamen sued Composite Structures, Inc. d/b/a Marlow Marine Sales,

The Alabama Supreme Court, withdrawing an earlier opinion, has found coverage for construction defect claims even though the insured’s own work allegedly was defective.

The Case

Thomas and Pat Johnson contracted with Jim Carr Homebuilder, LLC (“JCH”), a licensed homebuilder, for the construction of a new house on Lay Lake in Wilsonville, Alabama. After they took

A Delaware trial court has ruled that an excess insurance carrier did not have a duty to indemnify its insured for defense costs to which it had not consented. The court also found that there was no requirement that the insurer had to act reasonably when withholding consent.

The Case

Mine Safety Appliances Company (“MSA”)

The Texas Supreme Court, answering a question certified to it by the U.S. Court of Appeals for the Fifth Circuit, has ruled that a general contractor that entered into a contract in which it agreed to perform its construction work in a good and workmanlike manner, without more specific provisions enlarging this obligation, did not

The U.S. Court of Appeals for the Fifth Circuit, reversing a district court’s decision, has ruled that an additional insured endorsement that limited coverage to ongoing operations did not afford coverage for a construction defect claim, arising out of completed operations, asserted against a general contractor who was an additional insured on a subcontractor’s commercial

The U.S. Court of Appeals for the Eleventh Circuit, reversing a district court’s decision, has determined that the $5 million amount-in-controversy requirement under the federal Class Action Fairness Act (“CAFA”) for federal subject matter jurisdiction can be satisfied where a plaintiff seeks only declaratory relief.

The Case

After Florencio Sanchez was injured in an automobile

The U.S. Court of Appeals for the Eighth Circuit, affirming a district court’s decision, has ruled that the Archdiocese of St. Louis was not entitled to coverage under its insurance policy for a settlement of claims for which it was not legally liable.

The Case

After the Archdiocese of St. Louis and Archbishop Robert J.

The Florida Supreme Court, answering a question certified by the U.S. Court of Appeals for the Eleventh Circuit, has ruled that an insured general contractor could use payments to it from a third party subcontractor under a contractual indemnity obligation to satisfy its own insurance policy’s self-insured retention (“SIR”) provision. The circuit court also decided

Michael Kotula, a partner in the firm’s Insurance Coverage & Litigation Practice Group, authored an article entitled Settlements With Underlying Insurance and Forfeiture of Excess Insurance as well as excess insurance case notes in the ABA TIPS Excess, Surplus Lines and Reinsurance General Committee Winter 2013 quarterly newsletter.  Michael is the Chair-Elect and Newsletter Editor of the

Michael Kotula, a partner in the firm’s Insurance Coverage & Litigation Practice Group, co-authored a survey article on Excess, Surplus Lines and Reinsurance in the ABA TIPS Law Journal, writing the excess insurance part of the survey, explaining significant court decisions in 2012 involving excess insurance.

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