Articles Library

Florida Supreme Court Finds That Insurerâ€™s Engineer and Professional Geologists Are Not Presumed C

March 20, 2012

Plaintiff insured filed a sinkhole claim with defendant insurer in August 2005. The insurer hired a forensic engineering and earth sciences firm (the investigator) to investigate the claim. The investigator determined that...

Insurerâ€™s Duty to Defend Continues Until All Arguably-Covered Claims Against the Insured Have Been

March 14, 2012

Plaintiff homeowners sued defendants, a planning agency and its contractor, for damages they allegedly sustained to their home as a result of a nearby public-works construction project. Defendant insurer had issued a...

New Yorkâ€™s First Department Holds That Standards Used In Additional Insured Endorsements Are Not M

March 7, 2012

In a decision that could substantially impact the scope of Additional Insured coverage afforded by General Liability policies, New York’s First Appellate Department recently held in W&W Glass Systems, Inc. v. Admiral Insurance Co.,...

Two Pleadings Contain â€œInterrelated Wrongful Actsâ€ Despite the Inclusion of New Parties and Caus

February 21, 2012

A directors and officers liability insurance policy’s definition of “Interrelated Wrongful Acts” included both an original cross-complaint and the first amended cross-complaint despite the fact that the amended pleading asserted new causes of action...

No Coverage for Insurance Agent’s Claim Against His Agency for Failure to Procure Coverage

O'Brien, Donald A. | February 15, 2012

Plaintiff insurance agent was employed by his corporate insurance agency and was both an agent and an insured under the E&O policy issued to agents by defendant carrier. When the insured agent injured another...

Arm Yourselves Tax Preparers: Taxpayer Recovery of Interest Charges Disfavored in California

Buha, Steven M. Reif, Brandon S. | February 7, 2012

There has been a recent uptick in lawsuits brought by taxpayers claiming that their tax preparer rendered negligent tax advice or caused tax reporting errors that resulted in an audit by the tax authorities...

Parent Corporations With â€œUltimate Authorityâ€ are Potentially Liable for Alleged Misrepresentati

February 1, 2012

A motion to dismiss a securities shareholder class action complaint was recently denied in part by the Southern District of New York because the plaintiffs sufficiently alleged that a defendant parent corporation had “ultimate...