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August 10, 2010 Emerging Issues

UNDER NEW JERSEY LAW, A PREVAILING INSURED MAY RECOVER LEGAL FEES, EVEN WHERE THE LITIGATION TAKES PLACE OUT OF STATE

MYRON CORPORATION V. ATLANTIC MUTUAL INSURANCE CO.

(SUPPREME COURT OF NEW JERSEY, JULY 27, 2010)

New Jersey Rule 4:42-9(a)(6) allows fee shifting in “an action upon a liability or indemnity policy of insurance in favor of a successful claimant.” The insured, a New Jersey company, was sued for blast faxes sent allegedly in violation of the Telephone Consumer Protection Act of 1991 and Illinois consumer protection laws. It sought defense and indemnity from its insurer, who defended under a reservation of rights.

When …

May 13, 2010 Environmental

Court Decides Multiple Coverage Issues In Complex Refinery Oil Spill Case

Coffeyville Resources Refining & Marketing, LLC.
v. Liberty
Surplus Ins. Corp. et. al.(United States
District Court, District of Kansas, May 3, 2010)

This complex environmental
coverage matter arose out of a flood of the Verdigris River
on June 30, 2007. During the flood, a large amount of crude oil from policyholder’s
oil refinery was released into flood waters and was carried into Coffeyville, Kansas,
resulting in widespread environmental damage to downstream homes and
businesses. The policyholder alleged that as a result of this oil …

April 12, 2010 CaseWatch

CaseWatch: Insurance Cases for April 12, 2010 Edition

Download American Best Food, Inc. v. Alea London, Ltd.

Download Amerisure Mutual Insurance Company v. Global Reinsurance Corporation of America.

Download Aspen Ins. UK, LTD v. Dune Energy

Download Bernstein v. Bankert

Download Boston Gas Company v. Century Indemnity Co.

Download Chicago Title Insurance Company v. Northland Insurance Company

Download Cincinnati Ins. Co. v. Motorists Mut. Ins. Co.

Download Continental Casualty Co. v. Bertucci

Download Continental Casualty Company v. Law Offices of Melborne Mills, Jr., PLLC …

April 8, 2010 Uncategorized

Toy Manufacturer Denied Coverage for Lead-Paint Class Action Lawsuits

Ace American Ins. Co. v. RC2 Corp., Inc.
(7^th Cir. (Ill.)
Apr. 5, 2010)

The Seventh
Circuit recently reversed a district court’s decision ordering the insurer of a
major toy manufacturer to defend the manufacturer against several class action
lawsuits arising from the use of lead paint on toy trains. The
insured, RC2, designs, produces, and markets the popular “Thomas & Friends”
toys based on the children’s public television program. In June and September
of 2007, RC2 recalled certain of its wooden railway trains …

December 28, 2009 Industry News

DRI Life, Health & Disability Seminar April 28-30, 2010 (Chicago)

DRI’s Life Health, Disability and ERISA Claims Seminar returns to Chicago and promises to bring with it practical guidance for claims and legal professionals. This seminar provides unparalleled presentations by distinguished inside and outside counsel, as well as judiciary and medical experts. The expert faculty will focus on practical pointers, checklists and best practices that can be utilized daily. The 2010 seminar offers more continuing legal education than ever before. The first day of this program includes three parallel tracks of focused programming (Life, Health …

December 14, 2009 Professional Liability Monthly

Cases From Goldberg Segalla’s Professional Liability Monthly

Download Columbian Financial v. Bancinsure

Download Illinois Union v. Brookstreet

Download Liberty Ins. v. Camden Clark Hosp.

Download Minn Lawyer v. Anton

Download Ross v. Continental Cas.

Download Zurich Am v. Meinin

Download Travelers Motion

Download Teck Metal Order

Download Lehman Order

All cases provided courtesy of Lexis Nexis. …

November 28, 2009 Arbitration

Seventh Circuit Dismisses Appeal Regarding Arbitration for Lack of Jurisdiction

Sherwood v. Marquette Transp. Co., LLC

(7^th Cir. (Ill.) Nov. 23, 2009)

The Seventh Circuit recently dismissed an employer’s appeal to overturn a district court’s decision refusing to stay an employee’s pending litigation in favor of arbitration. Bluegrass Marine, whose vessels ply the Mississippi River, was sued by an employee injured while working as a deckhand. Bluegrass asked the district court to stay the suit, arguing that the employment contract between the parties required that all disputes be arbitrated under the Illinois Arbitration …

November 16, 2009 Professional Liability Monthly