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Magistrate Finds Requests For Other Insureds' Policy Information Not Relevant
COLUMBUS, Ohio - Although an Ohio federal judge on May 9 found some of the plaintiffs' document requests from their homeowners insurer to be reasonable, she found no merit to their motion to compel...
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Judge Compels International Arbitration of Seaman's Claims Against Cruise Line
FORT LAUDERDALE, Fla. - A Florida federal judge on May 13 refused to remand a cruise line worker's injury-related claims to a state court, finding that he was required to arbitrate the dispute pursuant...
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Coverage Owed For Chinese Drywall Claims, Florida Federal Judge Determines
TAMPA. Fla. - Insurers have a duty to defend their insured in underlying suits alleging property damage as a result of defective Chinese drywall distributed by the insured because the underlying suits...
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Insured's Faulty Work Might Constitute An 'Occurrence,' N.D. Supreme Court Rules
BISMARCK, N.D. - An insured's faulty workmanship might constitute an "occurrence" if the faulty work was "unexpected" and not intended by the insured and the property damage was not anticipated or...
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Residential Exclusion Bars Insurance Coverage For Defect Case, Judge Holds
SAN FRANCISCO - A commercial general liability insurer has no duty to defend or indemnify an insured or an additional insured for an underlying construction defect case, a California federal judge...
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Additional Insured Did Not Breach Its Duty To Cooperate, Judge Finds
SAN FRANCISCO - An additional insured did not breach its duty to cooperate by failing to seek recovery of defense fees and costs incurred in underlying construction defect actions from other insurers,...
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Panel Upholds Award To Insurer On Contribution To Defense Costs In Defect Case
SAN FRANCISCO - A California appeals panel on May 3 affirmed an award of damages to an insurer regarding another insurer's equitable contribution to the defense of an underlying construction defect...
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Additional Insured's Claims For Denied Coverage Are Time-Barred, Judge Finds
OAKLAND, Calif. - An additional insured's claims arising from an insurer's denial of coverage for alleged water damage due to negligent construction are time-barred by a one-year suit limitation...
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Additional Insured Failed To Provide Timely Notice Of Claim, New York Justice...
NEW YORK - A subcontractor's insurer has no duty to defend or indemnify a primary contractor listed as an additional insured because the contractor failed to provide a timely notice of the underlying...
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Judge Dismisses Insurer's Lawsuit On Its Duty To Indemnify Negligence Claim
DALLAS - An insurer's lawsuit seeking a determination on its duty to indemnify its insured against breach of contract and negligence claims is not ripe for resolution, a Texas federal judge ruled April...
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Federal Judge Refuses To Remand Insured's Coverage Dispute Regarding Defect Case
DENVER - A Colorado federal judge on May 3 declined to remand an insured's coverage action against its insurer regarding the defense of an underlying construction defect case (Cornella Brothers Inc. v....
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Judge Dismisses Insurer's Indemnity Claim, Allows Duty To Defend Claim
MONTGOMERY, Ala. - An insurance company may pursue its claim against an insured and homeowners for a declaration regarding its duty to defend a construction defect case, an Alabama federal judge ruled...
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Questions Of Fact Exist On Insurer's Rescission Claim, Judge Concludes
SAN JOSE, Calif. - Questions of fact exist as to an insurer's rescission claim regarding potential coverage under a commercial general liability insurance policy for an underlying construction defect...
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10th Circuit Reverses Ruling In Professional Liability Coverage Dispute
DENVER - The 10th Circuit U.S. Court of Appeals on May 13 reversed a lower court's ruling that claims brought against an investment adviser insured in an arbitration did not relate back to earlier...
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Texas Panel Finds Business Valuation Expert Relied On Faulty Data, Reverses...
HOUSTON - A 14th District Texas Court of Appeals panel on May 9 reversed a $43.38 million award for breach of fiduciary duty, finding that the plaintiffs' expert damages opinion was based on unreliable...
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National Hockey League Faces Claims Player Died From Painkiller Overdose
CHICAGO - The parents of a former professional hockey player who died after a battle with addiction to prescription painkillers allegedly used to deal with chronic head injuries filed a complaint in an...
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Trio Charged With Tobacco Tax Dodging Fail To Obtain Dismissal
LOUISVILLE, Ky. - A Kentucky federal judge refused to dismiss criminal charges against three people who allegedly used falsified invoices to avoid paying more than $2 million in Kentucky excise taxes...
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Rothstein Ponzi Victims: Trustee's Liquidation Plan Unfairly Favors TD Bank
FORT LAUDERDALE, Fla. - Creditors of bankrupt law firm Rothstein Rosenfeldt Adler (RRA) who were victims of Scott Rothstein's $1.2 billion Ponzi scheme filed a brief on May 13 arguing that the trustee...
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Federal Circuit Reverses Nonobviousness Finding In Patent Dispute
WASHINGTON, D.C. - A New York federal judge's judgment affirming a jury verdict of infringement and patent validity was erroneous, according to a May 14 ruling by the Federal Circuit U.S. Court of...
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Illinois Panel Partly Reverses Ruling In Coverage Suit Over Priest's Sexual...
CHICAGO - An Illinois appeals panel on May 13 reversed a lower court's summary judgment ruling in favor of a Catholic religious order's general liability insurer in a coverage dispute arising from a...
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