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EMC, a Division of Bear Stearns, May Have to Repurchase Loans Underlying $666 million in Mortgage-Backed Securities Due to its Material Misrepresentations and Warranties

In a dispute over $666 million in mortgage-backed securities, Syncora sought a ruling that would force EMC to repurchase the loans through a repurchase agreement based on material misrepresentations

Excess of Loss Facultative Reinsurance Certificate Covers Indemnity and Expenses

Ace Prop. & Cas. Ins. Co. v. R & Q Reinsurance Co.(Pa. C.P. May 15, 2012) The Pennsylvania Court of Common Pleas was asked to interpret the meaning of the terms “loss” and “

Environmental Coverage Quarterly Spring 2012 is Now Available

Goldberg Segalla’s Environmental Coverage Quarterly provides summaries of and access to the latest environmental coverage developments nationwide, and is published quarterly. Cases are organiz

EMERGENCY REPAIRS NOT INCLUDED WITHIN LOSS OF USE DAMAGES

VICOR CORPORATION v. VIGILANT INSURANCE COMPANY (1st Cir. (Mass.) March 16, 2012). By a panel including retired U.S. Supreme Court Justice David Souter, the First Circuit rejected a broad application

Eighth Circuit Withholds Coverage in Construction Case

Secura Ins. v. Horizon Plumbing, Inc. (8th Cir. (Mo.) Mar. 5, 2012) The Eighth Circuit recently held that a general contractor was not entitled to insurance coverage in a case arising from its al

ERISA Putative Class Action over Defective Database Dismissed as Untimely

Koberg v. John Alden Life Ins. Co. U.S. Dist. Ct. (Mont.) Dec. 8, 2011 The District Court of Montana dismissed a putative class action against insurer John Alden last Thursday citing the Policyâ€

Exclusion Denied for Use of the word “Included” in Declaration Page

Johnson v. Conn. Ins. Guar. Ass'n, 302 Conn. 639 (Conn. 2011)(November 8, 2011) Plaintiff executor of decedent's estate sought a declaratory judgment to determine whether a policy issued to

Environmental Coverage Quarterly Fall 2011 is Now Available

Goldberg Segalla’s Environmental Coverage Quarterly provides timely summaries of and access to the latest environmental coverage developments nationwide, and is published quarterly. Cases are

Environmental Coverage Quarterly is now available

Goldberg Segalla’s Environmental Coverage Quarterly provides timely summaries of and access to the latest environmental coverage developments nationwide, and is published quarterly. Cases are

Environmental Coverage Quarterly July 2010 Edition is Now Available

Goldberg Segalla’s Environmental Coverage Quarterly provides timely summaries of and access to the latest environmental coverage developments nationwide, and is published quarterly. Cases are

Eleventh Circuit Upholds Denial of Coverage in $75M Toxic Tort Suit

Continental Cas. Co. v. City of Jacksonville (11th Cir. (Fla.) June 24, 2010)   The Eleventh Circuit upheld a district court’s ruling that Century Indemnity Company is not obl

E-Discovery: Subpoenas to Facebook and MySpace for Private Messages Quashed

Crispin v. Christian Audigier, Inc. (C.D. Cal. May 26, 2010)   A federal district court recently held that private messages exchanged on Facebook and MySpace cannot be subpoenaed und

Eleventh Circuit Court Reversed Lower Court Holding In Favor Of Insurer On Denial Of ERISA Claims

Capone v. Aetna Life Ins. Co. (United States Court Of Appeals, Eleventh Circuit, January 5, 2010)   This action arises out of a diving accident wherein policyholder struck his head o

Eleventh Circuit Affirms Insurer’s Interpretation Of Policy Language In A Cancer And Special Disease Policy Regarding the Meaning Of “Actual Charges Incurred”

Philadelphia American Life Ins. Co. v. Buckles (United States Court of Appeals, Eleventh Circuit, October 23, 2009)   This case involved the interpretation of a provision in a suppl

EXECUTIVE RISK INDEMNITY FILES SUIT AGAINST RSUI INDEMNITY SEEKING CONTRIBUTION

Executive Risk Indemnity v. RSUI Indemnity (W.D. Okla, October 15, 2009)   Executive Risk commenced this lawsuit alleging that RSUI is required to contribute to losses attributable

Exclusion Does Not Bar Coverage Where Interpreting as Such Would Render Policy Illusory

Piper v. Nitschke’s Northern Resort Condominium Owner’s Assoc., LLC  (Wis. App. November 3, 2009) A condominium association and two condominium owners were sued by several other own

E&O Tip – A Few Tips To Consider When Working With Your Insurance Wholesaler

It is extremely important as a retail agent that you take your time when looking for the right Wholesaler. Picking the right partner can not only save you time and make you money but if you understand

E&O – Education The Key To Avoiding E&O Claims?

Upon returning back from to his room, your client calls you in a heightened state of anxiety to advise you that they are on vacation, he discovers that the diamond in his wife’s ring appears to

E&O – How Often Are You “Touching” Your Clients? Are You Waiting For Them To Call You?

In most states, the legal standard of an insurance agent has been characterized as essentially that of an “order taker”. Generally, an insured must make a specific request for a parti

E&O Tip – How Enhancing Your File Documentation Can Make Your Customer More Accountable

For years, E&O seminars have heavily focused on the issue of documentation. This is primarily due to the premise that the quality and depth of file documentation is a major factor in determining w

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