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District Court Holds Pollution Exclusion Precluded Insurer’s Duty To Defend And Indemnify Insured In Golf Course Herbicide Contamination Suit

Nationwide Mutual Ins. Co. v. Lang Management, Inc.  (United States District Court, Southern District of Florida, October 6, 2010)

Plaintiff insurer moved for a declaration in this environmental coverage matter that it had no duty to defend or indemnify its insured under its policy for an underlying lawsuit involving the use of herbicides on a golf course.  Specifically, Legacy Golf and Tennis Club sued the insured, which was hired by the PGA to maintain the lakes within the golf course.  The underlying suit alleged that …

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Second Circuit Vacates Summary Judgment Award in Transportation/Insurance Action after Supreme Court Abrogates Precedent on Which Summary Judgment was Based

Nipponkoa Insurance Company, Ltd. v. Norfolk Southern Railway Company, No. 09-4866-cv, 2010 U.S. App. LEXIS 20145 (2nd Cir., September 29, 2010).

A train derailment near Dallas, Texas on April 18, 2006 resulted in multiple lawsuits relating to insurance coverage for the train’s cargo. In two lawsuits, the District Court granted summary judgment to plaintiff-insurers against the train operators, ruling that the Carmack Amendment, 42 U.S.C. § 11706, governing liability of rail carriers for shipments damaged after initial delivery to a rail carrier, applied …

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The Insurance and Reinsurance Report is in consideration for the American Bar Association’s Top 100 Blawgs designation

The Insurance and Reinsurance Report is honored to be considered for this designation.  For those who believe this site is a valuable resource and asset, we kindly ask that you support us by clicking on the below link and posting a comment.

Thank you all for your consideration.

https://www.abajournal.com/blawgs/blawg100_submit

 

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Cases for Reinsurance Review – June Edition

Here are the cases cited in this month's edition of the Reinsurance
Review.  If you would to receive this publication directly to your
email account, please contact Jeff Kingsley at  [email protected]

Arrowood.v.Gettysburg.National.Indemnity


AXA.v.New.Hampshire.Insurance.Co


Founders.Insurance.Co.v.Everest.National.Insurance.Co


General.Star.v.Administratia


IRB.Brasil.v.Resseguros


Louisiana.Safety.v.Certain.Underwriters


Puleo.v.Chase.Bank


…

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Six Flags Settles Katrina Coverage Dispute With Insurer

Six Flags Inc. v. Westchester Surplus Lines Ins. Co. (E.D. La.
April 6, 2010)

Following Hurricane Katrina, Six Flags Inc. submitted claims for losses
in excess of $150 million.  The park sits
in a high risk flooding area, designated by the Federal Emergency Management
Agency.  Because of this, the excess
insurers capped their liability at $2.5 million with some compensation for
losses that resulted from wind damage.

In 2008, the United States District Court for the Eastern District of
Louisiana granted motions for partial summary …

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