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,

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, 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

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 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

Several years ago, police investigators in California found a number of stolen vehicles, including some that were being dismantled, on Julio Valdes’ property.  He later pled no contest to owning and operating a chop shop and was sentenced to two years and four months in prison. The trial court then set a victim restitution hearing.

New York Appellate Division Allows Private Right Of Action Against Health Care Insurer Under Prompt Pay Law

The New York Appellate Division, Second Department, has ruled that Insurance Law § 3224-a, known as the “Prompt Pay Law,” affords claimants a private right of action to recover payment for health care services based on a violation of

The plaintiff in this case was hired by Standard Insurance as Director of Institutional Sales and Product Manager for The Standard’s 403(b) and 457 retirement products shortly after the company introduced a new product into those markets. The plaintiff’s responsibilities included training staff about 403(b) plans, explaining their differences from 401(k) plans, doing what was

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

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 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 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 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

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”)

After months of negotiation, Governor Andrew Cuomo announced on February 13th that New York State has reached an agreement in principle for the Medicaid redesign waiver the Cuomo administration had long-sought. The waiver will allow the state to reinvest $8 billion of federal savings generated by the State back into programs designed to improve health