An appellate court in Illinois, affirming a trial court’s decision, has ruled that a policy exclusion precluded coverage for claims against an insured for violation of the federal Telephone Consumer Protection Act of 1991 (TCPA), conversion, and violations of the Illinois Consumer Fraud and Deceptive Business Practices Act (the “Illinois Act”).

The Case

Wellington Homes,

The Vermont Supreme Court, affirming a trial court’s decision, has ruled that an insured had breached his insurance policy’s cooperation clause and that, as a result, his insurance carrier had no obligation to defend or indemnify him in connection with an underlying personal injury claim.

The Case

Charles Chandler asserted that his then-girlfriend, now-wife, Faye

The West Virginia Supreme Court of Appeals has ruled that exclusions in a commercial general liability (CGL) insurance policy issued to a contractor precluded coverage of claims brought by two homeowners against the contractor.

The Case

In July 2009, Fred Hlad signed a contract to build a house for Travis and Teresa Nelson. The agreement

The U.S. Court of Appeals for the Third Circuit, affirming a decision by the U.S. District Court for the Eastern District of Pennsylvania, has ruled that a “prior publication” exclusion prevented an insured from obtaining insurance coverage for a continuing course of tortious conduct.

The Case

On February 28, 2012, the Navajo Nation and its

Private Settlements of FLSA Claims Require Court or DOL Approval, Second Circuit Rules

The plaintiff in this case worked at both Freeport Pancake House, Inc., and W.P.S. Industries, Inc. (together, Freeport Pancake House) as a restaurant server and manager over the course of several years. In August 2012, the plaintiff sued Freeport Pancake House, seeking to

Second Circuit Applies “Unfortunate Event Test” To Find That Incidents Amounted To Three Accidents

A dump box attached to a dump truck struck and damaged an overpass owned by the New York State Thruway Authority. After hitting the overpass, the dump box separated from the truck and landed in the right lane of the highway.

The West Virginia Supreme Court of Appeals has ruled that exclusions in a commercial general liability (CGL) insurance policy issued to a contractor precluded coverage of claims brought by two homeowners against the contractor.

The Case

In July 2009, Fred Hlad signed a contract to build a house for Travis and Teresa Nelson. The agreement

Michael C. Cannata has issued an Intellectual Property Law Bulletin. We hope you find the Bulletin useful and interesting. We invite your suggestions. The Bulletin is not legal advice.

Recent Decisions by the Trademark Trial and Appeal Board

Court Finds Coverage For Owner As Additional Insured And Rejects Insurer’s Late Notice Argument

In October 2012, an employee of Tyco Integrated Security LLC went to a construction site to meet with the construction manager about providing security services for the project, and he allegedly tripped and fell entering a bathroom before the meeting began. 

Divorced Wife Was Not an “Eligible Spouse” Entitled to Survivor Benefits under Ex-Husband’s Pension Plan, Eleventh Circuit Rules

The plaintiff’s husband was a participant in the El Paso Corporation Pension Plan, under which he received retirement benefits beginning in 1987. The plaintiff and her husband divorced in 2011, and he died about eight months later.

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