An appellate court in California, affirming a trial court’s decision, has ruled that an insurance company was not obligated to defend a homeowner against claims brought by her neighbor that arose out of the homeowner’s non-accidental conduct.

The Case

A homeowner was sued by her neighbor when she erected an encroaching fence and pruned nine

A federal district court in Ohio has granted summary judgment in favor of an insurance carrier, reasoning that the mere “insinuation” of negligence in a civil complaint could not transform what essentially were intentional torts into something “accidental” that might be covered by a homeowner’s insurance policy.

The Case

After Andreas Sekic struck his brother-in-law

A federal court in Missouri has ruled that claims of breach of contract, unjust enrichment, and fraud against a company and its owner did not involve any undesigned, sudden, or unforeseen event that could be considered an “accident” or “occurrence” for purposes of finding coverage under a business owner’s liability insurance policy.

The Case

PJP

A federal district court in Pennsylvania has dismissed a bad faith claim brought by homeowners against their insurance company, finding that they had not alleged “concrete facts” to show that the insurer’s actions in investigating or declining to pay their claim had been “frivolous or unfounded” or had been “dishonest or motivated by self-interest or ill

William U. Thompson claimed that his home was burglarized between July 24, 2009 and July 31, 2009. He reported the burglary to the police department in Scottsdale, Arizona, estimating the value of his stolen items to be approximately $40,000.

In August 2009, Thompson submitted a claim to his homeowner’s insurance company, Property & Casualty Insurance Company

Alan Rutkin, a partner in the Firm’s Insurance Coverage & Litigation Practice Group, has published an article entitled, “The Square Peg of Cyber Coverage,” in the May 2015 issue of Best’s Review.

Click here to read the article.

Best’s Review:  May 2015. Copyrighted A.M. Best Company, Inc. 2016.  All Rights Reserved, Reprinted with Permission.

Official Committee of Unsecured Creditors, on behalf of the Estate of Lemington Home for the Aged v. Baldwin, No, 13-2707, 3d Cir., January 26, 2015

In an Opinion on appeal of a jury verdict in the Western District of Pennsylvania, the Third Circuit has affirmed that verdict ruling that the employed Chief Financial Officer (“CFO”)

There are, generally speaking, four different kinds of online contracts that businesses use to obtain consent via the Internet from consumers: browsewrap, clickwrap, scrollwrap, and sign-in wrap agreements. Browsewrap exists where an online host dictates that assent is given merely by using the site. Clickwrap refers to the assent process by which a user must

One of the underlying policy considerations of the Lanham Act is to protect consumers against false or misleading representations concerning affiliation or origin.  In that connection, Section 43(a) of the Lanham Act outlines certain protections that facilitate this important policy consideration.  One such protection extends to a product’s trade dress which can include, among other

The New York State Department of Health (“DOH”) has released the final regulations for the state’s medical marijuana program. The regulations have been released on the DOH’s website, available here, and will be made official when published in the April 15 State Register. Applications from interested entities, as well as physician education and patient certifications,

U.S. Supreme Court Reverses Decision Finding that Collective Bargaining Agreements Created Right to Lifetime Contribution-Free Health Care Benefits

The plaintiffs in this case had worked at, and in 1996 and 1998 had retired from, the Point Pleasant Polyester Plant in Apple Grove, West Virginia. During their employment, the plaintiffs were represented in collective bargaining by

No Coverage For Claims Stemming From Lawyers’ “Hybrid” Law And Business Activities On Client’s Behalf

A client sued a law firm, its partners, and a separate limited liability partnership (the “LLP”) in which she claimed one of the firm’s partners was the “managing member.” The client asserted that the attorneys had induced her to proceed

Joseph Monteleone, a partner in the firm’s Directors & Officers Liability Practice Group, has published an article entitled, “When Products Liability Begets Directors and Officers Liability,” in the Spring 2015 issue of New Jersey Defense. 

Please click the link below to view the Article. Adobe Reader is required to view the bulletin. If Adobe Reader is

Michelle Bholan, Michael Sirignano and Frank Tiscione co-authored an article for the Tort Trial & Insurance Practice Law Journal entitled, “Recent Developments In Business Litigation.” 

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The Wisconsin Supreme Court, reversing a decision by an intermediate appellate court, has ruled that a natural gas leak was a “pollution condition” under a contractors’ pollution liability insurance policy.

The Case

Dorner, Inc., a construction company, contracted with the Wisconsin Department of Transportation to perform road construction, including underground excavation. While Dorner’s employees were