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Michael S Levine

Michael S Levine

May 18, 2015 | Insurance Coverage Law Center

Florida Federal Court Rejects Insurer’s Attempt to Avoid Indemnity for Damage Caused by Construction Defects

In Pavarani Construction Co. (SE) Inc. v. ACE American Insurance Company,[1] a case of significance to property owners, contractors, and real estate developers…

By Anna P. Lazarus Michael S. Levine Walter J. Andrews

4 minute read

March 03, 2015 | FC&S Insurance

Migrating Sand Triggers Separate Policy Limits for CGL Policy’s Personal Injury and Property Damage Coverages

An Indiana appellate court recently held in FLM, LLC v. The Cincinnati Insurance Company, et al.,[1]that claims arising from the migration of foundry sand…

By Michael S. Levine and Matthew T. McLellan

6 minute read

February 01, 2015 | FC&S Insurance

Insurance May Help Weather the Winter Storm

With winter’s fury already in full swing – as evidenced by the epic winter storm that dumped eight or more inches of rain and three or more…

By Michael S. Levine

8 minute read

January 29, 2015 | FC&S Insurance

Clarifying Bad Faith Jurisprudence in Virginia, Federal Court Recognizes Bad-Faith Claim Against First-Party Insurer

In Great Am. Ins. Co. v. GRM Mgmt., LLC,[1] a federal district court denied an insurer’s motion to dismiss a bad-faith claim arising out of the insurer’s…

By Michael S. Levine

5 minute read

October 16, 2014 | FC&S Insurance

Insurer Equitably Obligated to Contribute to the Defense of a Common Insured

A federal court in Colorado recently held in Continental Western Insurance Company v. Colony Insurance Company[1] that where multiple insurers each have…

By Jennifer E. White and Michael S. Levine

5 minute read

October 15, 2014 | FC&S Insurance

Fourth Circuit Confirms Insurer Waived Right to Rescind Policy Based on Pre-Loss Knowledge that Certain Conditions to Coverage Had Not Been Met

In Colony Ins. Co. v. Peterson,[1] the U.S. Court of Appeals for the Fourth Circuit affirmed a jury’s finding that an insurer waived its right to…

By Michael S. Levine and Christine Terrell

5 minute read

May 06, 2014 | FC&S Insurance

Business Liability Policy Requires Insurer to Defend Defamation and Business Tort Claims Arising Out of Business’ Web Site Publications

The U.S. District Court for the Eastern District of Virginia has held that an insurer has a duty to defend claims arising out of Web site publications.[1]…

By Michael S. Levine and Patrick M. McDermott

5 minute read

May 05, 2014 | FC&S Insurance

Florida Appellate Court Says Class Action “Relates Back” To Earlier-Filed Suit, Thereby Triggering Claims-Made Coverage

On April 9, 2014, Florida’s Third District Court of Appeal held, in Gidney v. Axis Surplus Ins. Co., that a class action lawsuit sufficiently related…

By Michael S. Levine and Anna Lazarus

6 minute read

April 28, 2014 | New York Law Journal

Speedy Cases: What Helps Some Litigants Can Hurt Others

By Michael S. Levine

2 minute read