Court Finds No Duty To Defend Based Upon “Auto Business” Exclusion After Looking At Judicial Admissions Outside Underlying Complaint

Sam’s Tires & Automotive, Inc., sent Clarence Riffle to deliver tires in a truck owned by its president, Jerry Rosato. Riffle struck a motorcycle operated by Kyle Wagner, who sued. Rosato’s personal auto insurer, Travelers, defended

A recent decision by the U.S. Court of Appeals for the Sixth Circuit, affirming a federal district court ruling, highlights the importance for both employers and employees of the language in a health care plan and summary plan description (SPD), including the limitations periods for commencing litigation.

The case involved the health care plan for

The assertion of a breach of contract claim against an attorney for excessive billing does not result in the waiver of the attorney-client privilege as to successor counsel

Waiver of the attorney-client privilege often arises in attorney-client disputes, where “the defendant asserts a claim that in fairness requires examination of protected communications… [t]he key to

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

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.