Michael S Levine
December 15, 2015 | FC&S Insurance
Virginia Federal Court Rejects Liability Insurer’s “Business Pursuits” and “Known Falsity” Exclusions; Owes Defense for Slander AllegationsA federal court in Virginia recently held in Travelers Casualty and Surety Company v. Schur,[1] that a liability insurer’s so-called “business…
By Michael S. Levine
5 minute read
December 15, 2015 | FC&S Insurance
Defense Is Owed by CGL Insurer for Loss of Use and Diminished Value Resulting From Alleged Easement TrespassThe U.S. Court of Appeals for the Tenth Circuit recently held in KF 103-CV v. American Family Mut. Ins. Co.[1] that a general liability insurer owed a…
By Michael S. Levine
6 minute read
November 10, 2015 | FC&S Insurance
Judges – Not Juries – Award Attorney’s Fees in Virginia Bad Faith CasesThe Virginia Supreme Court recently held in REVI, LLC v. Chicago Title Insurance Company that a trial judge, rather than a jury, should determine whether…
By Michael S. Levine and Jennifer E. White
8 minute read
November 09, 2015 | FC&S Insurance
Insurers to Indemnify $132 Million Loss from Train Collision Allegedly Caused by Texting EngineerThe Los Angeles Superior Court in Those Certain Underwriters at Lloyd’s London et al. v. Connex Railroad LLC et al.,[1] applying New York law, recently…
By Michael S. Levine and Paul T. Moura
4 minute read
August 13, 2015 | FC&S Insurance
Fifth Circuit Holds That Insured Versus Insured Exclusion Does Not Bar Coverage For All Suits Between InsuredsThe U.S. Court of Appeals for the Fifth Circuit recently held in Kinsale Insurance Company v. Georgia-Pacific, LLC,[1] that a claim brought by one insured…
By Michael S. Levine and Matthew T. McLellan
5 minute read
July 17, 2015 | FC&S Insurance
Eleventh Circuit Rules Under Alabama Law that Breach of Warranty Claims Constitute an “Occurrence” and Coverage is not Barred by a General Liability Policy’s Contractual Liability ExclusionThe Eleventh Circuit Court of Appeals recently ruled, applying Alabama law, that a breach of warranty claim constitutes an “occurrence,” triggering…
By Michael S. Levine and Brittany Davidson
5 minute read
July 14, 2015 | FC&S Insurance
First Circuit’s Revival of Lost Policy Case Demonstrates that Policyholders Should Not Be So Quick to Give Up on CoverageIn Cardigan Mountain School v. New Hampshire Ins. Co.,[1] the First Circuit Court of Appeals recently held that the policyholder sufficiently pled a plausible…
By Paul T. Moura and Michael S. Levine
4 minute read
June 15, 2015 | FC&S Insurance
Fourth Circuit Rules under Maryland Law that Insurer May Not Void Policy Based on Ambiguous Policy Application QuestionsIn Certain Underwriters at Lloyd’s, London v. Cohen,[1] the U.S. Court of Appeals for the Fourth Circuit recently held, applying Maryland law, that…
By Patrick M. McDermott and Michael S. Levine
5 minute read
June 11, 2015 | FC&S Insurance
Insurance May Be Available for Flood-Related LossesProlonged and torrential rains recently caused widespread flooding in Texas, Oklahoma, and surrounding areas. It is important that policyholders remain…
By Walter J. Andrews and Michael S. Levine
8 minute read
June 08, 2015 | FC&S Insurance
Eleventh Circuit Rejects Insurer’s Application of “Manifestation Trigger” in Property Damage CaseIn Carithers v. Mid-Continent Cas. Co.,[1] a case of significance to property owners and contractors, the Eleventh Circuit recently rejected an insurer’s…
By Anna Lazarus and Michael S. Levine
6 minute read
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