In PJR Construction of N.J. v. Valley Forge Insurance Company, 2019, a New Jersey federal court held that the “j.(5)” “Ongoing Operations Exclusion” applied to bar coverage for property damage to property on which a construction company allegedly performed faulty work.
Do costs associated with complying with an injunction constitute covered “damages?” The U.S. District Court for the District of South Dakota recently certified that question to the South Dakota Supreme Court.
Covering an American Epidemic: Insurance Coverage Issues Arising out of the Opioid Crisis and Top Developments
Top Developments in Bankruptcy Injunction, Defense Cost Reimbursement, Duty to Defend, Estoppel, Excess Insurance, Occurrence and Settlements
In a highly anticipated decision, a sharply divided Florida Supreme Court reversed the decision of the state’s Fourth District Court of Appeal and reinstated a jury’s $9.2 million verdict against GEICO. . .
The court’s August 18, 2018 decision dealt with four Midland excess policies issued to American Smelting and Refining Company (ASARCO).
The ALI Restatement – What Lies Ahead? and Top Developments
Top Developments in Allocation, Bad Faith, Defense Counsel Malpractice Claims, Occurrence and Primary/Excess Insurance
On April 13, 2018, the Texas Supreme Court issued its highly-anticipated decision on rehearing in USAA Tex. Lloyds Co. v. Menchaca, 2018 Tex. LEXIS 313 (Tex. Apr. 13, 2018).
New York’s Highest Court Rejects “Unavailability” Exception to Pro Rata Allocation in Long-Tail Claims and Top Developments