Affirming the district court, the Second Circuit agreed that the excess insurer had a duty to indemnify the insured for sexual abuse claims. Hartford Roman Catholic Diocesan Corp. v. Interstate Fire & Cas. Co., 905 F.3d 84 (2nd Cir. 2018).
The Archdiocese had excess policies from Interstate between September 1
Damage to the concrete floor installed by the insured subcontractor was not property damage and thus not covered under the insured's CGL policy. Kalman Floor Co. v. Old Republic Gen. Ins. Corp., 2019 U.S. Dist. LEXIS 3319 (D. Colo Jan. 8, 2019).
In 2007, Kalman Floor Co. was subcontracted to
The court determined the insurer must defend after confusion arose in renewal of the insured's policy. Nat'l Fire & Marine Ins. Co. v. Infini PLC, 2019 U.S. Dist. LEXIS 1052 (D. Ariz. Jan 3, 2019).
The insured, Infini, was insured by Lexington Insurance Company for medical procedures it performed. Wells
The dates for this year's ABA Insurance Coverage Litigation Committee CLE Seminar in Tucson are February 27 to March 2, 2019. Again this year, the seminar promises to provide cutting edge CLE programming and many networking opportunities. I will be on a panel addressing "Changing Climate, Changing Risks and Policies," with my esteemed
Interpreting Florida law, the federal district court found that the insurer must defend the subcontractor for claims based upon faulty workmanship. S. Owners Ins. Co. v. Gallo Bldg. Servs., 2018 U.S. Dist. LEXIS 212961 (M.D. Fla. Dec. 18, 2018).
Gallo Building Services entered a subcontract with KB Homes, developer, related
Answering a certified question, the Nevada Supreme Court determined that an insurer breaching its duty to defend may be liable for consequential damages caused to the insured. Century Sur. Co. c. Andrew, 2018 Nev. LEXIS 112 (Nev. Dec. 13, 2018).
Michael Vasquez struck a minor, causing significant brain injury. Vasquez used the
The court determined that a young girl's suicide prompted by the insured's text messages constituted an occurrence under the homeowner's policy. State Farm Fire and Cas. Co. v. Motta, 2018 U.S. Dist. LEXIS 208472 (E.D. Pa. Dec. 11, 2018).
High school student Zach Trimbur harassed and cyberbullied classmate Julia Morath.
The plaintiff's suit against her agent for allegedly misleading her regarding certain investment strategies for proceeds of a life insurance policy and fees survived the agent's motion to dismiss. Waldemar v. Golden, 2018 U.S. Dist. LEXIS 204801 (M.D. Fla. Dec. 4, 2018).
The facts were based upon the allegations in
While the insured was able to carry his burden to show the collapse of a roof, he failed to establish damages under the policy. Iannucci v. Allstate Ins. Co., 2018 U.S. Dist. LEXIS 203687 (N.D. N.Y. Dec. 3, 2018).
In 2005, the insured purchased a parcel of land together with
Our Damon Key team argued a bad faith case before the Hawaii Supreme Court today, Adams v. Hawaii Medical Service Association, SCWC-15-0000396.
Pictured below: Joanna Zigler, Rafael del Castillo, Tred Eyerly and Robert Thomas.
