Goldberg Segalla, Author at The Insurance & Reinsurance Report

November 20, 2009 Emerging Issues

Insurer Ordered to Disclose Documents in Legionnaires’ Outbreak Case

Pentair Water Treatment (OH) Co. v. Continental Ins. Co.

(S.D.N.Y. Nov. 16, 2009)

The District Court for the Southern District of New York ordered Continental Insurance Company to disclose various underwriting documents and produce underwriting witnesses in a dispute over insurance coverage for a cruise ship outbreak of Legionnaires’ Disease. In 1994, passengers on the cruise ship Horizon became ill after an outbreak of Legionnaire’s Disease. The outbreak was traced to the whirlpool spa on the vessel and, specifically to its filter, which had …

November 19, 2009 Arbitration

Fifth Circuit Held That The McCarran-Ferguson Act Does Not Authorize State Law to Reverse-Preempt International Treaties

Safety National Casualty Corporation v. Certain Underwriters at Lloyd’s London

(5^th Cir. (La.) November 9, 2009)

The Fifth Circuit has held that the McCarran-Ferguson Act does not authorize state law to reverse-preempt international treaties, i.e. the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The McCarran-Ferguson act allows Congress to pass laws which will regulate the “business of insurance.” It also provides that federal acts that do not expressly purport to regulate the “business of insurance” will not preempt …

November 18, 2009 Directors and Officers

Insurer Moves for Summary Judgment in a D&O Declaratory Judgment Action on the Basis of Lack of Notice and that the Claim was Not Made During the Policy Period

Cox Communications, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA

(N.D. Georgia, November 12, 2009)

Insurer moves for summary judgment of declaratory judgment action seeking damages under a claims made Directors, Officers and Corporate Liability policy. Plaintiff's damages include reimbursement of certain costs associated with an $80 million settlement of an underlying action, with approximately an additional $8 million in legal fees and expenses. The insurer's motion seeks relief on three grounds: the claim was not "first made" during the policy and that the prior …

November 17, 2009 Professional Liability Monthly

November 15, 2009 Edition of Professional Liability Monthly is Now Available

For a free copy of this month's edition, click here

If you wish to receive the Professional Liability Monthly directly via email, please contact Brian Biggie at [email protected]

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November 16, 2009 Professional Liability Monthly

Cases for Goldberg Segalla’s Professional Liability Monthly

Download Tricor v. Illinois Union

Download American Auto v. Advest

Download G-I Holdings v. Reliance Ins.

Download Links Snacks v. Federal

Download Executive v. Pepper Hamilton

Download W3i Mobile v. Westchester

Download Eastpointe v. Travelers

Download Sovereign Ins. v. National Ins.

Download Berry & Murphy v. Carolina

Download Riverport v. Oakland

Download Vitto v. Davis

Download Minn Lawyer v. Batzli

Download James River v. Kemper

Download St. Paul Motion to Dismiss

Download Genzyme Notice of Appeal

Download Certified Questions to GA Supreme Ct.

Download Hoenemeyer …

November 16, 2009 Excess Insurance

EXECUTIVE RISK INDEMNITY FILES SUIT AGAINST RSUI INDEMNITY SEEKING CONTRIBUTION

Executive Risk Indemnity v. RSUI Indemnity

(W.D. Okla, October 15, 2009)

Executive Risk commenced this lawsuit alleging that RSUI is required to contribute to losses attributable to the respective carrier’s mutual insureds. In its complaint, Executive Risk does not dispute its coverage obligations in response to the underlying action; instead, it contends the same obligations extended to RSUI as well under an equitable contribution cause of action. Executive contends that coverage for the loss should be determined according to each policies respective limits. In …

November 12, 2009 CaseWatch

November 12, 2009 Edition of CaseWatch Insurance Is Now Available

For a copy of the November 12, 2009 edition of CaseWatch Insurance click here

If you wish to receive CaseWatch Insurance directly via email, please contact [email protected]

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November 11, 2009 Occurrence

Exclusion Does Not Bar Coverage Where Interpreting as Such Would Render Policy Illusory

Piper v. Nitschke’s Northern Resort Condominium Owner’s Assoc., LLC (Wis. App. November 3, 2009)

A condominium association and two condominium owners were sued by several other owners when the association amended its declaration to allow the defendant owners to use commonly owned areas to expand their condos. The defendant owner’s title insurer disclaimed coverage for the suit based upon an exclusion which it contended precluded coverage for all losses arising in any manner from the bylaws and amendments to the condominium declaration. The appellate court …

November 10, 2009 Reinsurance

Seaton Insurance Company Files Lawsuit Against Its Reinsurer

Seaton Ins. Co. v. Clearwater Ins. Co.

(D. R.I. October 26, 2009)

On October 26, 2009, Seaton Insurance Company and Stonewall Insurance Company filed a complaint in federal court against Clearwater Insurance Company to obtain sums allegedly owed under reinsurance contracts and for a declaration that defendant is required to indemnify the insurers for additional amounts that become due under the contracts.

Plaintiffs issued policies against several companies sued by individuals who claimed to have suffered bodily injury as a result of asbestos …

November 10, 2009 Uncategorized