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).
Recent Posts
Complex Insurance Coverage Reporter – May 2018
New York’s Highest Court Rejects “Unavailability” Exception to Pro Rata Allocation in Long-Tail Claims and Top Developments
Top Developments – May 2018
Top Developments in Additional Insurance, Allocation, Asbestos, Bad Faith, Estoppel, Insurance Adjusters, Number of Occurrences and Late Notice
Wisconsin Appeals Court Finds No Duty to Defend Under Excess Policies
In an April 25 decision, the Wisconsin Court of Appeals concluded that two excess insurers had no duty to defend policyholder Johnson Controls in connection with claims for alleged environmental contamination at numerous sites.
New York Court of Appeals Rejects Unavailability Exception to Pro Rata Allocation
On March 27, 2018, the New York Court of Appeals issued its widely anticipated decision in Keyspan Gas East Corp. v. Munich Reinsurance America, Inc.
California Federal Court: “All Sums” Allocation Applies to Meso Case Under CA and NY Law
On March 15, 2018, a California federal court (for the Northern District) ruled that under either California or New York law an “all sums” allocation applies to claims for coverage for an underlying mesothelioma wrongful death action.
Top Developments – February 2018
Top Developments in Attorney’s Fees – Declaratory Judgment Action, Bad Faith, Construction Defect, Independent Counsel and Pollution Exclusion
Complex Insurance Coverage Reporter – February 2018
An Insurer’s Guide to Reserving Rights: Tips for Avoiding Waiver and Estoppel and Top Developments
Massachusetts High Court to Decide if Insurers Can Recoup Defense Costs
The Massachusetts Supreme Judicial Court (SJC) is set to hear argument on February 6 in a case that will decide whether insurers can recoup defense costs if it is later determined that they owed no duty to defend an underlying claim.
Ohio Court Of Appeals: Absolute Pollution Exclusion Bars Coverage For Workplace Coal-Tar Pitch Exposure Claims
Applying Ohio law, the court concluded that Pacific Employers had no duty to defend GrafTech or pay defense costs in connection with claims by dozens of workers at Alcoa smelting plants. . .