May 18, 2015 | Insurance Coverage Law Center
Florida Federal Court Rejects Insurer’s Attempt to Avoid Indemnity for Damage Caused by Construction DefectsIn 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 CoveragesAn 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 StormWith 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 InsurerIn 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 InsuredA 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 MetIn 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 PublicationsThe 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 CoverageOn 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 OthersBy Michael S. Levine
2 minute read
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