Searching Content indexed under Reinsurance by Steptoe & Johnson LLP ordered by Published Date Descending.
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New York Appellate Court Affirms That Insurer Properly Notified Policyholder of Addition of Lead Exclusion and That Insurer Owes No Coverage for Underlying Lead Suit
In Preferred Mutual Insurance Company v. Donnelly, CA 13-00319, 2013 WL 5952018 (N.Y. App. Div. Nov. 8, 2013), a New York appellate court, applying New York law, affirmed the trial court’s summary judgment order holding that the insurer,
United States
16 Nov 2013
Alabama Supreme Court Decides Faulty Workmanship Does Not Constitute An Occurrence
In Owners Insurance Company v. Jim Carr Homebuilder, the Alabama Supreme Court held that damages stemming from a homebuilder’s construction of a new house did not constitute an occurrence under a commercial general liability policy.
United States
3 Oct 2013
Second Circuit Canvases Case Law, Upholds Pollution Exclusion
In a recent case,the Second Circuit, applying New York law, affirmed the district court’s summary judgment order holding that three liability insurers had no duty to defend their policyholder against environmental contamination claims because their policies’ respective pollution exclusions barred coverage for pollution resulting from intentional conduct.
United States
23 Sep 2013
Eighth Circuit Holds Defense Obligation For Environmental Claim Barred By Statute Of Limitations And Indemnity Obligation Barred By Owned Property Exclusion
In a recent case, the United States Court of Appeals for the Eighth Circuit affirmed a district court’s holding that a six-year statute of limitations barred a policyholder’s breach of contract claim on the duty to defend because the policyholder filed suit more than six years after the insurers denied coverage for a potentially responsible party issued by the United States Environmental Protection Agency.
United States
17 Sep 2013
Pennsylvania Appellate Court Addresses Rules For Policyholder Settlements With Third Parties
In a recent case, a divided Pennsylvania intermediate appellate court vacated a jury verdict for policyholders and remanded the case back to the trial court for further proceedings.
United States
24 Jul 2013
Hawaii District Court Finds Faulty Workmanship Not An Occurrence Under CGL Policy In Construction Defect Case
In a recent case, the United States District Court for the District of Hawaii, applying Hawaii state law, granted Nautilus Insurance Company’s motion for summary judgment on its complaint for declaratory judgment and held that Nautilus did not have a duty to defend or indemnify defendant 3Builders, Inc. for alleged damages flowing from the faulty installation.
United States
23 Jul 2013
Eighth Circuit Rules That The Absolute Pollution Exclusion Applies To The "Release" Of Hazardous Lead Materials But Not To The "Distribution" Of Hazardous Lead Materials As A Product
In two related coverage actions, the US Court of Appeals for the Eighth Circuit addressed the application of the absolute pollution exclusion in commercial general liability insurance policies to lawsuits alleging harm from lead extraction operations.
United States
3 Jul 2013
Second Circuit Confirms That Excess Policies Require Payment Of Losses Covered By Underlying Policies Before Excess Policies Can Be Triggered
In "Ali v. Federal Insurance Company", the United States Court of Appeals for the Second Circuit, applying both New York and Pennsylvania law, held that coverage under excess directors and officers liability insurance policies was not triggered.
United States
24 Jun 2013
Minnesota Supreme Court Holds Absolute Pollution Exclusion Covers Carbon Monoxide
A discussion on the importance of the Wolters ruling.
United States
17 Jun 2013
California Appellate Court Affirms Stay Sought By Insurers In NFL Coverage Action For Brain-Injury Claims
In a recent case, the California Court of Appeal, interpreting California law, affirmed a stay granted on the ground of forum non conveniens that was sought by liability insurers in a brain-injury coverage case filed by the NFL.
United States
11 Jun 2013
Alabama Supreme Court Affirms Summary Judgment In Favor Of Insurer Where Policyholders Cannot Demonstrate That Faulty Workmanship Claims Constitute Occurrences Under Policy
In a recent case, the Alabama Supreme Court affirmed summary judgment in favor of insurer American Resources because its policyholders did not establish that faulty workmanship claims constituted "occurrences" triggering coverage under a business liability policy.
United States
28 May 2013
New York Court Rules That An Insurer May Reserve Its Rights After Underlying Litigation Has Commenced
According to a New York appellate court, insurers may still disclaim coverage years after underlying litigation commenced, if the insurer’s delay in doing so did not prejudice the insured.
United States
20 May 2013
Third Circuit Holds That Premises Exclusion Bars Coverage And Limits Application Of "Pacific Indemnity v. Linn"
A discussion on a recent case where the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, reversed the district court’s summary judgment order holding that a general liability insurer had a duty to defend and indemnify a policyholder in a lawsuit seeking damages resulting from an accident occurring off the policyholder’s premises.
United States
15 May 2013
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