Toll Free: First Circuit’s Decision Potentially Leaves Thousands of Asbestos Claimants Without Remedy Due to Expiration of Statute of Limitations

In Lydon v. T& N Ltd., 2015 WL 544970 (1st Cir. 2015), the First Circuit found in favor of T&N Limited, an asbestos manufacturer, effectively denying thousands of asbestos-related claims. Once

Third Circuit Affirms Denial of Reinsurance Contract Rescission

Munich Reinsurance America, Inc. (“Munich”) provided reinsurance coverage to Everest National Insurance Co. (“Everest”) on workers compensation claims.  Munich then sought r

Texas Supreme Court Rejects Additional Insured Coverage for BP To the Tune of $750 Million

In a decision handed down by the Supreme Court of Texas on Friday, the court determined that BP was not entitled to additional insured coverage under several insurance policies issued to Transocean by

The Importance of Aesthetics: Minnesota Supreme Court Weighs in on Matching Colors

In Cedar Bluff Townhome Condo. Ass’n v. American Family Mutual Insurance Company, 2014 Minn. LEXIS 661 (Minn. Dec. 17, 2014), the Minnesota Supreme Court held that a property insurer was on the

Tenth Circuit Reminds Insurer Cannot Use the Attorney-Client Privilege as Both a Sword and a Shield

The Tenth Circuit in Seneca Insurance Co. v. Western Claims, Inc., 2014 U.S. App. LEXIS 24172 (10th Cir. Dec. 22, 2014), affirmed a district court’s decision to allow the discovery and admissio

TRIA – When the Ball Drops, No Need to Panic But…

At exactly 12:00 am on January 1, 2015, the New Year will be celebrate amidst ball drops and renditions of Auld Lang Syne.  However, amidst the celebrations, the Terrorism Risk Insurance Act (TRIA)

The Tenth Circuit Clarifies the Terms “Broadcasting” and “Telecasting” in Exclusions under the “Advertising Injury” Section in CGL Policies

In Dish Network Corp. v. Arrowood Indemnity Co., et al., D.C. No. 1:09-CV-00447-JLK-MEH (10th Cir. Nov. 25, 2014), the Tenth Circuit affirmed a district court’s grant of summary judgment in fav

Third Circuit Affirms Applicability of ‘Misappropriation’ Limitation Clause in Professional Liability Policy to Class-Action Fraud Scheme

On October 10, 2014, the Third Circuit Court of Appeals affirmed a lower court’s ruling that a professional liability insurance policy’s “misappropriation” sub-limit clause a

TCPA Lawsuit Quacks Again: Courts Continue to Apply Violation of Statutes Exclusion in Favor of Insurers

The Illinois Appellate Court recently modified and reissued an earlier ruling involving an insurer’s duty to defend and indemnify against an underlying TCPA lawsuit.  G.M. Sign, Inc. v. Stat

Too Big To Fail? MetLife To Fight Federal Agency’s Designation of the Insurer as a ‘Systemically Important Financial Institution’

In the wake of the 2008 financial crisis, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). After Americans quickly learned that financial institutions previo

Tenth Circuit Limits Policyholder Recovery for Defective Work and Rejects Windfall Award

This coverage dispute arose from a claim to recover the policyholder’s cost of repairing a site dewatering system.  Glacier Construction Company (Glacier) had contracted with a municipal bod

The Streak Continues: Insurers Again Shut Out of Federal Court in Contesting Coverage for a TCPA Class Action Settlement

The Sixth Circuit ruled sua sponte in Siding and Insulating, Inc. v. Acuity Mutual Insurance Co. (6th Cir. June 10, 2014), that the subject coverage dispute, which arose out of the settlement of an un

The Latest Professional Liability Decisions – Goldberg Segalla’s Professional Liability Monthly Now Available

Please click here for the latest edition of  Professional Liability Monthly. Goldberg Segalla’s Professional Liability Monthly provides timely analysis of court decisions from a

TCPA Exclusion Upheld by the Eleventh Circuit

In a lawsuit brought by a distribution and marketing company, the policyholder sought coverage for a lawsuit alleging that it sent “unwanted ‘junk’ faxes in violation of the [Teleph

The Latest Insurance Law Decisions – Goldberg Segalla’s CaseWatch: Insurance is Now Available

Please click here for the latest edition of CaseWatch Insurance. CaseWatch: Insurance provides timely summaries of and access to insurance law decisions and legislation.  For ease of refe

The ACA and the Fountain of Youth

First it was Ponce de Leon and now it’s the ACA searching for the Fountain of Youth.   With 2014 here, implementation of the Affordable Care Act healthcare exchanges is underway. 

Tolling Agreements Cause Coverage Concern

An insurance coverage dispute has arisen in connection with litigation involving a robotic surgery medical device maker. A declaratory judgment action seeking rescission of product liability insurance

That Sinking Feeling: Sinkhole Not Covered But Redesign Is

A lengthy rainstorm caused damage to three water basins designed to manage stormwater flow from buildings and parking lots near a shopping center. The increased flow of stormwater into the ground

Texas Supreme Court to Rule on BP-Transocean Coverage Dispute

(Tex. Sept. 6, 2013)  The Texas Supreme Court announced Friday that it would enter the fight over $750 million in insurance coverage for the catastrophic BP oil spill that occurred in April 201

Too Little, Too Late: Malpractice Coverage Evaporates With Law Firm’s Tardy Notice

Minnesota Lawyers Mut. Ins. Co. v. Baylor & Jackson, PLLC (4th Cir. (Md.) June 27, 2013) The Fourth Circuit recently held that a malpractice insurer was not obligated to defend or indemnify a la

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