The U.S. Court of Appeals for the Eleventh Circuit has ruled that an insurer did not have to defend claims against its insured where the insured did not notify the insurer of the claim for over eight months, in violation of the policy’s notice requirement, even in the absence of prejudice to the insurer.

The

Pollution exclusions in insurance policies issued to a homebuilder did not cover claims for damages associated with the supply and installation of allegedly defective Chinese drywall, the U.S. Court of Appeals for the Eleventh Circuit has ruled.  

The Case

KB Home, Inc., and KB Home Tampa, LLC, alleged that American Building Materials had supplied KB

A commercial general liability (“CGL”) insurance policy’s pollution exclusion and its damage to property exclusion both excluded coverage for the costs incurred by an insured oil company that had been directed to remediate and remove water and soil polluted with diesel fuel.   

The Court’s Decision

The court first decided that the claim of the insured,

The assault and battery exclusion in a tavern’s commercial general liability (“CGL”) insurance policy excluded coverage for claims asserted by a person allegedly injured in a fight at the tavern, a federal district court has ruled.   

The Case 

A person allegedly injured in a fight at TJ Coffey’s, a tavern located in Buffalo, New York,

A New York court has ruled that a Computer Systems Fraud rider to a Financial Institution Bond did not cover alleged fraudulent activity by authorized users of the insured’s system.   

The Case 

Universal American Corp. offered a variety of insurance products to health care providers, including “Medicare Advantage Private Fee-For-Service” plans (“MA-PFFS”). The MA-PFFS plans

While employed as an accountant at an accounting firm, Jeanne Hentz had a compact disc belonging to the firm stolen from her personal vehicle, which was parked at her house. The compact disc contained confidential information belonging to some of her employer’s clients. Those clients sued Hentz in Illinois state court for credit monitoring and

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

The New York State Wage Theft Prevention Act (“WTPA”) remains in effect, which means that employers have until February 1, 2013 to provide the required written notice to employees.  Pursuant to the WTPA, New York employers must provide New York employees with a written notice and acknowledgment of pay rate and payday on an annual

Under New York law, service of process may be effected by: (1) personal service; (2) delivery to “a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served” and mail; (3) service on an agent; or (4) so-called “nail and

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Alleged Injury As Woman Exited Bus Did Not Arise Out Of Its “Use Or Operation,” NY Court Of Appeals Rules

The Court of Appeals has held that a woman who allegedly injured her ankle as she exited a New York City bus and stepped into a hole could not recover no-fault benefits because her

A federal district court in Colorado has ruled that National Union Fire Insurance Company of Pittsburgh, PA, was not obligated to reimburse Scottsdale Insurance Company for a portion of the $4.35 million that Scottsdale had contributed to the settlement of an underlying lawsuit against Northwest Construction Company.  

The Case 

The underlying lawsuit involved the construction

A federal district court in Ohio has ruled that a reservation of rights letter that a homeowner’s insurance carrier sent to its insureds after a second fire at their home was timely.  

The Case 

State Farm Fire & Casualty Company issued a homeowner’s insurance policy to Mark and Brenda Gibney that contained a “Concealment or

A federal district court in Michigan was asked to consider whether certain expenses incurred by the insured fell within the definition of “cleanup costs” required by governmental regulation resulting from a release of contaminants into the ground from scheduled storage tank systems. 

The Case

After H & M Petro Mart discovered a “release” of contaminants

A court has ruled that claims that an insured engaged in a conspiracy to falsely accuse her former husband of child sex abuse were not covered by her insurance policy because they did not constitute an “occurrence” and because claims for emotional distress damages were not for “bodily injury.”  

The Case 

A woman who was