Source: http://www.jdsupra.com, November 5, 2014 By: Nathan Lander, Proskauer – Insurance Recovery & Counseling On October 29, the Fifth Circuit reversed itself for the second time this year in a case involving the interpretation of a contractual liability exclusion in a CGL policy. This recent decision by the Fifth Circuit in Crownover v. Mid-Continent Casualty […]

Source: http://www.jdsupra.com, November 5, 2014 By: Traub Lieberman Straus & Shrewsberry LLP Issues of privity and whether claims sound in breach of contract or negligence are common in construction defect cases involving architects and New York is no exception. Indeed, New York courts have long wrestled with architect liability and formulas for imposing or defeating […]

Source: http://www.lexology.com, November 4, 2014 By: Daniel M. Krainin and Mackenzie S. Schoonmaker, Beveridge & Diamond PC In an opinion that may help clarify the jurisdictional and pleading requirements for plaintiffs seeking damages and injunctive relief for alleged injuries from vapor intrusion, the federal district court in Minnesota denied a Defendant’s motion to dismiss such […]

Source: http://www.lexology.com, November 2, 2014 By: Carl A. Salisbury, Kilpatrick Townsend & Stockton LLP The United States Court of Appeals for the Fifth Circuit has gone back and forth, and back again, in deciding just what an exclusion in the standard Commercial General Liability policy means.  Fortunately for construction contractors and policyholders, the Court got it […]

Jury selection has begun for a trial on flawed casino tower in Las Vegas where work was halted in 2008. Read more here.

Source: http://www.lexology.com, October 31, 2014 By: Benjamin B. Hyden, Bricker & Eckler LLP Structural damage to a new building caused by a defective building pad may not be covered under a commercial general liability (CGL) insurance policy when the specific damage is the type of damage that a properly constructed building pad is expected to […]

Source: http://www.mondaq.com, October 30, 2014 By: Heidi A. Lawson and Scott A. Rader, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Last week we wrote about a new business interruption insurance policy that is being rolled out to healthcare providers which will provide specific coverage for various ebola-related losses. This week we note that some […]

Source: http://www.mondaq.com, November 2, 2014 By: Robb S. Harvey, Neil B. Krugman and Mark M. Bell, Waller Lansden Dortch & Davis The news media has reported extensively on the arrival of the Ebola virus in the United States, and has provided substantial detail about the first United States citizens to contract the virus. First, healthcare […]

Source: http://www.propertycasualty360.com, October 31, 2014 By: Jeff Slivka More projects are using IPDs to reduce errors and save money and time. But they don’t always fit with traditional professional liability insurance tools. In spite of fluctuations in the economy, there is good news for the commercial building industry. According to the Architecture Billing Index (ABI) […]

Read here about Wynn Resorts plans to clean up pollution at the site of a former chemical plant.

Source: http://www.lexology.com, October 29, 2014 By: Eliot R. Hudson, Carl H. Poedtke III and Stephen W. Schwab, DLA Piper LLP Casualty insurers normally do not expect to pay the cost of their insureds simply doing a good job.  Insurers typically view their contracts as assuming the risk of delineated consequences – damages – if the […]

Source: http://www.mondaq.com, October 29, 2014 By: Marshall Gilinsky and Diana Shafter Gliedman, Anderson Kill Originally published in Anderson Kill’s Policyholder Alert, October 2014 As Americans absorb news of the first Ebola cases on U.S. soil, job one is to maintain perspective, and confidence in the ability of U.S. public officials and health care providers to […]