Compass Insurance Co. v. City of Littleton--Colorado Supreme Court Adopts Second Discharge Analysis in Finding Insurance for City Environmental Liabilities
William J. Brady and Lisa K. Mayers of Grimshaw & Harring, P.C.
On June 28, 1999, the Colorado Supreme Court issued a landmark decision addressing insurance coverage for the cities of Littleton and Englewood at the Lowry Landfill. In Compass Insurance Co. v. City of Littleton, the Colorado Supreme Court held that insurance companies issuing standard form comprehensive liability (CGL) insurance policies had to defend the cities against the EPA's allegations of environmental liability under Superfund.
Environmental Coverage Under Comprehensive General Liability Policies
McMillan, Rather, Bennett & Rigano, P.C.
Comprehensive General Liability ("CGL") insurance policies issued after the early 1970s contain some form of a poll.
Principles Of Advertising Injury Coverage
Scott P. Devries and Yelitza V. Dunham of Nossaman LLP
Standard Commercial General Liability ("CGL") policy forms provide coverage for advertising injury liability. Advertising injury is typically defined to comprise certain offenses, such as defamation, invasion of privacy, "misappropriation of advertising ideas or style of doing business," and "infringement of copyright, title, or slogan." This coverage became standard in 1986; before then, insurers offered advertising injury liability coverage by endorsement and charged an additional premium.
Insurance Coverage Considerations for Technology Companies
Grace A. Carter of Paul, Hastings, Janofsky & Walker LLP
For technology sector companies, new media outlets and emerging technologies have resulted in exposure t.
Coverage for EIFS (stucco) Claims Under the Standard CGL Policy
T. Eugene Allen of Nexsen Pruet
This article summarizes whether coverage is triggered under the standard commercial general liability policy for defective exterior insulation finish system.
Philadelphia Begins New Commerce Case Management System For "Business Litigation"
Jonathan K. Hollin of Powell, Trachtman, Logan, Carrle & Lombardo P.C.
Beginning with cases filed on January 3, 2000 (i.e. the first business day of the New Year) business litigation.
Wisconsin Court of Appeals Issues Two Important Insurance Coverage Decisions
James W. Mohr of Matthiesen, Wickert & Lehrer, S.C.
The Wisconsin Court of Appeals recently released two significant decisions affecting insurance coverage in .
Special Insurance Coverage Problems and Risk Management Solutions for Technology Service Businesses
Richard A. Fogel of McMillan, Rather, Bennett & Rigano, P.C.
If your company services computers or computer networks or performs similar IT services, your company will .
Court of Appeals Finds Coverage in Cyberspace and Criticizes Standard CGL Exclusions: Computer Corner, Inc. v. Fireman's Fund Insurance Company
Tim L. Fields and Michelle A. Hernandez of Modrall Sperling
Any counsel who has been involved with coverage issues in New Mexico probably did a double-take when reading this case found in the May 23, 2002 New Mexico Bar Bulletin. In Computer Corner, 2002-NMCA-054, 2002 N.M. App. LEXIS 37, cert. denied 2002 N.M. LEXIS 182, the New Mexico Court of Appeals ("Court of Appeals") held that a commercial general liability insurance policy ("CGL") provided coverage for liability arising from the loss of data stored on a computer hard drive, apparently relying on the surprising finding of fact that computer data is "tangible" property.
Wisconsin Supreme Court Finds No Coverage in A Misrepresentation Case
Cook & Franke S.C.
On June 22, 1999, in Smith v. Katz, the Wisconsin Supreme Court held the West Bend Mutual Insurance Company ("West.
Insurance Coverage For Internet Risks
Hilary N. Rowen of Thelen LLP
This article discusses the coverage uncertainties that arise for businesses that use the internet.
Protection from Disgruntled Employees
George W. Skogstrom of Schlossberg & Associates P.C.
It all started innocently enough. J.Q. Employee was having problems on the job (tardiness, excessive absences, perf.
Risk Management For Construction Projects
Deborah J. Mackay of Faegre & Benson LLP
For many construction participants, the concept of risk management is roughly equivalent to insurance. In reality, however, insurance is only one of the mechanisms available to manage and transfer construction project risks. The most significant risk allocation tools are the contracts governing each participant's project responsibilities.
When Is an Occurrence Not an Occurrence _ when it is A Breach of Contract
Lloyd A. Gura of Mound Cotton Wollan & Greengrass
Although insureds and their lawyers may tend to disagree, it is axiomatic that not every type of loss is covered by.
Emergency Preparedness: D&O Lessons From September 11
Dan A. Bailey of Arter & Hadden LLP
As a result of the September 11 events, the importance of effective emergency preparedness and management is now greater than ever and requires fresh attention by virtually every company.
CCA-Treated Wood Litigation and Insurance Coverage Issues
Arnold L. Natali,Louis A. Chiafullo and Richard J. Valladares of McCarter & English, LLP
Forecasting a potential litigation explosion arising from a company's allegedly hazardous product may be a determining factor as to whether a company survives the litigation storm or suffers a more dismal fate, such as bankruptcy. Unfortunately, forecasting the "mass-tort" phenomenon is an imperfect science and extremely difficult.
Terrorism Insurance: Congress to the Rescue?
Laura E. Hannusch and Suneil M. Thomas of Pillsbury Winthrop Shaw Pittman LLP
As the cost of terrorism insurance soared, many borrowers found it difficult to secure insurers willing to provide coverage for terrorism at reasonable rates. Prior to September 11, 2001, insurers and reinsurers did not deem the risk of terrorist attacks material enough to fashion exclusions for such events in all-risk insurance policies covering high-rise office buildings. The state of the insurance industry, however, underwent a dramatic change following the destruction of the World Trade Center. Due to the scale of damages and the unpredictability of future terrorist attacks, many reinsurers began refusing to renew coverage for terrorist attacks. In response, as primary all-risk policies came up for renewal, almost all primary property and casualty insurance carriers began to exclude terrorist acts from coverage. This exclusion forced commercial property owners to look to stand-alone terrorism coverage.
Evaluation and Management of Insurance Coverage Against Intellectual Property Claims
Dan Chambers of Rutan & Tucker, LLP
It is an event that all corporate risk managers dread. An envelope arrives at your office that contains a letter accusing your company of infringing on various intellectual property rights of the sender. Or worse yet, the envelope contains a lawsuit against your company seeking substantial monetary damages and a request for an injunction to prevent you from continuing to sell your products or otherwise engaging in your business. An expensive, time-consuming and potentially devastating legal dispute lies ahead.
Construction Risk Management Update--Thelen Reid Report No. 25
Thelen LLP
This article reviews a recent California decision named Vandenberg v. Superior Court whereby the Court ruled that CGL policies can cover contractual liabilities.
Reducing the Risk: Environmental Insurance Becoming Standard Practice
Tricia A. Haught of Day Pitney LLP
If previously unknown contamination is discovered on a brownfield site, cleanup costs not covered.
Products Liability Update: Two California Supreme Court Decisions in Favor of Insurers
Dorothy Vinski Holmes of Brobeck Phleger & Harrison LLP
This products liability report deals with two recent California Supreme Court decisions affecting insurance coverage.
Confronting Issues in Insurance Coverage-Introduction
David Weiss of Brobeck Phleger & Harrison LLP
What follows is a details discussion of some common issues that arise in insurance litigation and the effect of some new rulings on those issues.
Insurance Developments in Texas Case Law
Hays, McConn, Rice & Pickering, P.C.
BAD FAITH: 1.Nguyen v. State Farm Lloyds, Inc., 947 S.W.2d 320 (Tex. App.ÃÂBeaumont, June 26, .
California Supreme Court: Standard Insuring Agreement In A Comprehensive General Liability ("CGL") Insurance Policy May Provide Coverage When The Insured Has To Pay Damages For Breach Of Contract
This article discusses the implications of Vandenberg v. The Superior Court of Sacramento County. In this case, the California Supreme Court held that a "CGL" Insurance Policy may provide coverage for contract damages.
Pennsylvania Court Rules Carbon Monoxide is a Pollutant
Sherilyn Pastor and Louis A. Chiafullo of McCarter & English, LLP
A Pennsylvania appellate court ruled that the absolute pollution exclusion bars coverage for carbon monoxide-related injuries. In Matcon Diamond, Inc. v. Penn National Ins. Co., No. 186 WDA 2002 (Pa. Super., Jan. 17, 2003), a policyholder was sued when its employee succumbed to carbon monoxide fumes while using a gas-powered tool in an enclosed workspace. The policyholder turned to its insurer for a defense, but the insurer denied coverage based on its pollution exclusion.
Wisconsin Supreme Court Finds No CGL Coverage for Lead-Based Paint Claims
Cook & Franke S.C.
On July 9, 1999, in Peace v. Northwestern Nat'l Ins. Co., the Supreme Court of Wisconsin held that lead-based paint.
Insurance Coverage for Year 2000 Compliance Expenses
Paul M. Hummer of Saul Ewing LLP
The costs of Year 2000 compliance are substantial and insurers may be prime targets in litigation to recoup those c.
Insuring Against Technological Disasters
David M. Halbreich and David E. Weiss of Brobeck Phleger & Harrison LLP
This report details some issues that arise when a business puts to market a defective product and seeks compensation from their insurance company.
The Expanding Role of Environmental Insurance in Lending Transactions
Laurence S. Kirsch of Cadwalader, Wickersham & Taft LLP
Environmental insurance increasingly is being used as a tool to help lending deals close and is fast becoming one o.
Employment Practices Liability Insurance Offers Expanded Coverage In Employment Litigation
Bodman LLP
Employment practices liability insurance ("EPLI") policies are designed to provide insurance coverage for typical e.
Insurance Coverage for the Year 2000
Kevin J. Walsh of Kelley Drye & Warren LLP
Kevin J. Walsh Jay N. Heinrich Introduction An important element of a company's Year 2000 plan is an evaluatio.
Business & Technology Report--Winter 1997
Wayne H. Shortridge and Edward S. Johnson of Paul, Hastings, Janofsky & Walker LLP
This Report discusses how to obtain confidential treatment for information furnished to the SEC; stock-based compensation in the biotech industry; insurance coverage considerations for technology companies; and Bankruptcy Code section 365(n) regarding licensees right to continued use of intellectual property.
How to Locate Lost or Missing Policies in Reconstructing Insurance Coverage for Environmental Damage Claims
William J. Brady of Grimshaw & Harring, P.C.
The Standard Form Comprehensive General Liability Insurance Policy or ("CGL") has been drafted on an industry-wide basis through organizations such as the Insurance Services Office (ISO), and its predecessor, the Insurance Rating Board. The Standard Form Comprehensive General Liability Policy contains common insuring agreements, definitions, exclusions, terms, and conditions, and in most respects varies insignificantly from one policy to another when analyzing for environmental damage claims coverage.
Insurance as a Means of Defining and Transferring Environmental Risks
Michael D. Flanagan and Gary S. Rovner of Foley & Lardner LLP
Potentially costly environmental risks often present difficult obstacles for parties purchasing or selling real estate or engaging in corporate mergers, acquisitions or divestitures. While environmental liabilities are sometimes easily quantifiable, the differing perceptions of opposing parties regarding such risks can at other times present deal threatening issues.
Pennsylvania Supreme Court Issues Two Important Insurance Coverage Opinions
Pillsbury Winthrop Shaw Pittman LLP
In a case of first impression, the court adopted a broad standard for known loss doctrine. In a second case the court remanded a pollution exclusion case with endorsement of regulatory estoppel principle.
Y2K Causes of ActionÃÂ
Covered?
Donald L. Myles of Jones, Skelton & Hochuli, P.L.C.
Although many people are scrambling to find a hotel room in Las Vegas to ring in the new millennium, business peopl.
New Jersey Supreme Court Holds that Non-Cumulation Clauses Cannot Apply to the Allocation of Long-Tail Claims
Sherilyn Pastor of McCarter & English, LLP
In Spaulding Composites Co., Inc. v. Aetna Cas. & Sur. Co., Docket No. A-88-01 (N.J. April 10, 2003), a policyholder sought coverage for environmental defense and remediation costs under its comprehensive general liability insurance policies. The primary insurer argued that its liability, under nine primary policies, was reduced by each policy's non-cumulation clause.
City of Littleton, Wallis, and Insurance For Multi-Year Liability Claims
William J. Brady and Lisa K. Mayers of Grimshaw & Harring, P.C.
Recently the Colorado Supreme Court decided two important cases arising in the environmental insurance coverage context. The decisions are expected to have a major impact on the availability of insurance coverage for Colorado policyholders.
Lunch at Ho Wah or The Not So Absolute Pollution Exclusion
Steven P. Kaiser of Steven P. Kaiser
Stuart and Maurie had tried over the fifteen years of their friendship to meet every third Wednesday for lunch.
Insuring Risk Allocation Provisions In Software License Agreements: The Practical And Tactical Approach To The Art Of The Deal In Software License Agreements
William R. Denny of Potter Anderson & Corroon LLP
Businesses need to know what insurance may be available to protect them against contractual indemnification claims when such claims arise. Both customers and vendors of computer software should consider what insurance products are available in the marketplace, whether they should have certain insurance in their own portfolio, and whether they should require that other contracting parties have particular insurance to protect against significant risk that may arise under their contracts.
Questions To Ask When Buying EPLI
Brian T. McMillan of Littler Mendelson, P.C.
This article concerns the rise of liability insurance carriers offering employers protection through a relatively new form of coverage called employment practices liability insurance.
Fifth Circuit Update
Gregory J. Lensing of Cowles & Thompson
This article provides an overview of recent cases that have been decided by the Fifth Circuit Court of Appeals.
Insurance coverage for Y2K claims
Craig Allan MacDonnell of Keegan Werlin LLP
INTRODUCTION Insurance is often viewed as a panacea, but it rarely is. The first question usually raised when a.
Year 2000 Law Bulletin: The Insurance Industry Responds to the Year 2000 Threat
Michael Jungreis of Heller Ehrman LLP
This bulletin discusses how the nation?s insurance industry has responded to the widely predicted potential for large losses caused by the Year 2000 computer problem by attempting to create explicit exclusions to coverage in casualty and liability policies.
Looking Backwards: How Do You Get Paid?
Carolyn M. White of Nixon Peabody LLP
This article discusses the sources of funding and the standards for submitting claims for damages relating to oil spills in United States waters.
Pollution Exclusions: The Insurance Industry's Attempt to Limit Exposure
Ronald Arthur Lowry of Law Offices of Ronald Arthur Lowry
Ron Lowry is a former insurance defense attorney who now represents plaintiffs in serious injury and insurance case.