Author Tressler LLP
In McShane Constr. Co., LLC v. Gotham Ins. Co., No. 16-2632 (8th Cir. filed Aug. 11, 2017), the Eighth Circuit Court of Appeals affirmed the district court’s grant of Gotham’s motion to dismiss for failure to state a claim upon… Continue Reading →
In Taos Ski Valley, Inc. v. Nova Casualty Company, Case No. 16-2118 (10th Cir. August 25, 2017), the U.S. Court of Appeals for the Tenth Circuit affirmed the U.S. District Court for the District of New Mexico’s order dismissing the… Continue Reading →
The United States Supreme Court recently clarified the extent of personal jurisdiction over a corporation. The Court previously established that a court in a state other than a corporation’s place of incorporation or principal place of business can assert general… Continue Reading →
In Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, No. 17-cv-00447 NC, 2017 WL 2405025 (N.D. Cal. June 2, 2017), the district court concluded there was no coverage for TCPA claims for unsolicited text messages under a… Continue Reading →
In Unwired Solutions, Inc. v. Ohio Security Insurance Co., Case No. Case 1:16-cv-00405-CCB (D. Md. 2017), Ohio Security denied owing any defense or indemnity obligation to its insured, Unwired Solutions, Inc. dba Linq Services, Inc. (“Linq”) for an underlying action… Continue Reading →
By Dana Kanellakes In IVFMD Florida, Inc. v. Allied Property & Casualty Insurance Co., 2017 WL 510432 (11th Cir. Feb. 8, 2017), the insured, IVFMD Florida, Inc. (“IVFMD Florida”), filed a complaint in the underlying action against IVFMD, P.A. (“IVFMD… Continue Reading →
In Sentinel Insurance Co. v. Yorktown Industries, Inc., the claimant filed an underlying action against the insured alleging that the insured hired the claimant’s employees, stole the claimant’s confidential business information, including its customer list and sales information, and used… Continue Reading →
In Design Basics, LLC v. Best Built, Inc., the court held two insurers owed no duty to defend and indemnify an insured for copyright infringement claims where the complaint alleged infringement of the designs at issue before their policy periods. The… Continue Reading →
In Evanston Ins. Co. v. Western Community Ins. Co., 2016 WL 1555706 (D. Nev. 2016), the U.S. District Court for the District of Nevada allocated defense fees and costs among primary insurers according to “time on the risk,” finding it… Continue Reading →
In The Matter Of Viking Pump, Inc., N.E.3d, 2016 WL 1735790 (2016), the Court of Appeals of New York addressed two questions certified from the Delaware Supreme Court: (1) whether “all sums” or “pro rata” allocation applies where the excess… Continue Reading →