Missouri Federal District Court Rejects Advertising Injury Coverage for Counterfeit Goods Suit

In Colony Insurance Co. v. Frison Flea Market, Inc., No. 4:13CV2193(JCH), 2014 U.S. Dist. LEXIS 130841 (E.D. Mo. Sept. 18, 2014), the district court found no coverage under the “personal and adv

Motor Carrier Act Does Not Expand Policy Definitions Where Coverage Exceeds Statutory Minimums, Sixth Circuit Says

On August 5, the Sixth Circuit Court of Appeals reversed and remanded a lower court ruling granting an insurer a Rule 12(c) dismissal in a declaratory judgment action based on the district courtâ€

Mining Operations Exclusion Applies, but Only to Excess Layers

The Tenth Circuit overturned the lower court’s decision that would have freed a liability insurer from covering damages allegedly caused by its insured brine well operator. Specifically, the in

Mo’ Conflict, More Problems: Illinois Choice-of-Law Analysis Now Less Favorable for Insurers

Choice-of-law analyses are extremely significant when it comes to coverage disputes, especially those involving underlying blast fax suits brought under the Telephone Consumer Protection Act (47 U.S.C

Missouri Supreme Court Levies Insurer with Judgment $3 Million in Excess of Policy Limits in TCPA Case

Columbia Cas. Co. v. Hiar Holding, LLC (Mo. Aug. 13, 2013) The Missouri Supreme Court recently ordered an insurer to indemnify its insured for a $5 million settlement in an underlying Telephone C

May Edition of Reinsurance Review is Now Available

For a free copy of this month's edition, click here. To receive this publication for free each month, please contact Jeff Kingsley at

Mining Operator’s Lead Waste Determined To Fall Within The Policies’ Pollution Exclusion

Doe Run Resources Corp. v. Lexington Ins. Co. (United States District Court, Eastern District of Missouri, April 23, 2012) In this coverage dispute, the insurer moved for summary judgment asser

March Edition of Reinsurance Review is Now Available

For a free copy of this month's edition, click here. To receive this publication for free each month, please contact Jeff Kingsley at

MetLife Agrees to Pay $13.5 to Avoid Prosecution of Allegations that it Violated ERISA.

Metropolitan Life Insurance Company (“MetLife”) agrees to pay $13.5 million to the federal government to avoid prosecution of allegations that it violated the Employee Retirement Income Se

Multiple Claims from Same Product Defect Constitute Multiple Occurences for Purpose of Excess Trigger

Bausch & Lomb, Inc. v. Lexington Insurance Company (W.D.N.Y December 28. 2009) Bausch & Lomb brought an action against defendant Lexington Insurance Company seeking a declaration

Mobile Apps − Has the Marketplace Downloaded Potential Product Liability Risk?

By Sara J. Papasidero, Esq. of Wilson Elser For many consumers, it is hard to remember performing a daily routine without using a mobile application. App usage starts almost immediately − wit

Minimizing the Risk of Workplace Violence During Employee Terminations

By Kathleen M. Bonczyk, MBA, Esq. According to the Occupational Safety and Health Administration (“OSHA”), approximately two million American workers experience workplace violence each

Monitoring Employee Communications: A Brave New World

By Karla Grossenbacher, Esq. of Seyfarth Shaw LLP Over the last decade, communication via email and text has become a vital part of how many of us communicate in the workplace. In fact, most employ

Millennials’ Work Ethic & Employment Realities

By Michael Mercer, Ph.D. Complaints about hiring millennials make big news. People say Millennials are lazy, uninterested in working, and goof-off a lot. “It’s like déjà vu al

Manager’s ‘Inexcusable and Offensive’ Conduct Does Not Rise to Level of Unlawful Discrimination

By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C. In Tourtellotte v. Eli Lilly & Co., 2016 U.S. App. LEXIS 521 (3d Cir. Pa. Jan. 13, 2016), Margaret Tourtellotte, Karla Krieger a

Mutually Exclusive Polices Found to Share Defense Obligation

By Michael Lettiero, Esq. and Christian A. Cavallo, Esq. of Goldberg Segalla When the use of an auto is involved in an accident, normally a professional liability insurer whose policy excludes clai

Minimizing The Potential For Workplace Violence With Behavioral Based Interviewing

By Kathleen M. Bonczyk, M.B.A., Esq.   At 6:45 a.m. on August 24, 2015 one of the most outrageous acts of violence in the history of the American workplace occurred.    &

Material Misrepresentations in Insurance Application Preclude Coverage for Employee’s Embezzlement

By Kathryn A. Formeller, Esq. of Tressler LLP   Due to material misrepresentations made by the insured’s employee, coverage under a Crime Coverage Section was precluded for t

Make Sure You & Your Clients Are On The Same Page

By Angelo J. Gioia   A constant challenge every insurance agent faces is when one of their clients has a loss and finds out they have no coverage and potentially that they may have been

Misrepresentation in Renewal Application Voids Professional Liability Policy

By Terrence P. McAvoy, Esq. of Hinshaw & Culbertson LLP   Illinois State Bar Association Mutual Insurance Co. v. Law Office of Tuzzolino and Terpinas, 2015 IL 117096, 2015 WL 72

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