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2 Apr, 2007 9:03 am by Steven G. Tyler
... of Green. Kemper sought, but had not received, an agreement to defend and indemnification from Piazza's employer's insurance company ("Continental"), and subsequent to the judgment sought a declaratory judgment that Continental had been obligated ... not disagreeing with the pragmatic concept, the Court noted that, absent conflict with statutory provisions or public policy, insurers are entitled to limit their liability and enforce reasonable restrictions upon the obligations they assume. While the ...
Maryland Courts Watcher - http://marylandcourts.blogspot.com/index.html
24 Jul 2:51 am
... cross-border expansion into emerging markets is a major short-term priority for insurance companies based in both developed and developing nations. According to Accenture's ... starkly different current economic forecasts for Chile and Peru, the move offers Continental greater stability through market diversification. Guatemala Total premiums for 12-month ... 4 million to $US 450.9 million. Venezuela Total premiums for the Venezuelan insurance market rose 38.6% when comparing May 2009 to May 2008, from US ...
InsureReinsure.Com: The Insurance & Reinsurance Blog - http://www.insurereinsure.com/
20 Nov 1:43 pm by Goldberg Segalla LLP
... .D.N.Y. Nov. 16, 2009) The District Court for the Southern District of New York ordered Continental Insurance Company to disclose various underwriting documents and produce underwriting witnesses in a dispute over insurance coverage for a ... time period. Continental refused, arguing that it was only obligated to disclose documents related to the specific language used by Continental in Pentair's policy. The court disagreed, finding that information concerning other pollution exclusions employed by ...
The Insurance and Reinsurance Report - http://insurancecoverage.typepad.com/insurance_and_reinsurance/
3 Mar 5:55 am
... opposition to defedants' motion to dismiss, plaintiff argued that defendants had not shown sufficiently willful noncompliance with the insurance contract to warrant dismissal of the action since plaintiff acted reasonably in insisting that proper safeguards be established ... conduct separate and apart from its failure to fulfill its contractual obligations. New York University v. Continental Insurance Company, 87 NY2d 308 (1995). In the instant case, the essence of Plaintiff's negligence cause of ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
6 Oct 8:06 am
... 380, INC., 10 NY3d 507 (2008), that it is for the Court to determine the parties' rights and obligations under an insurance policy based on the specific language of the policy. To negate coverage pursuant to an exclusion, a carrier must establish that the ... remain in full force and effect except as altered by the words of the endorsement. COUNTY OF COLUMBIA v. CONTINENTAL INSURANCE COMPANY, 83 NY2d 618 (1994). In this particular case, it is impossible for the policy and the endorsement to be ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
5 Jan 12:05 pm
... still required to defend their customers against claims for contamination. In this lawsuit, State of California v. Continental Insurance Company the six carriers tried to convince the court that the State should not be allowed to "stack" its ... had previously been conflicting court of appeal rulings on the issue. As a consequence of this conflict, however, we can expect that the insurers will appeal to the California Supreme Court, which may elect to take the case to eliminate the ambiguity. The ...
May it Please the Court - http://www.mayitpleasethecourt.com/
24 Sep, 2008 10:16 pm
... by the Project on Emerging Nanotechnologies. Based on the asbestos analogy and PEN's product database, Continental concludes that it "would not be prudent for us to knowingly provide coverage for risks that are, as of yet, unknown and unquantifiable. ... to Policyholders Continental's draft Notice to Policyholders makes it clear that it covers most of Continental's insurance groups, including: Acadia Insurance Company; Continental Western Insurance Company; Fireman's Insurance Company of Washington ...
Nanotechnology Law Report - http://www.nanolawreport.com/
28 Nov, 2008 2:39 pm by Roy A. Mura
... from which an insurer's obligation to disclaim runs is difficult." Especially in non-cooperation situtations, such as this. Continental insured Staten Island dentist Terrance Stradford, who was sued for dental malpractice in two separate actions. Over the ... became Continental's final letters to Stradford were returned unclaimed. Following that date, there is no indication that the company engaged in further communication with Stradford. Thus, on these facts, we agree with both of the Appellate ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
23 Nov 6:35 am
... , carelessness, and negligence" caused serious personal injuries to David, Liberty Mutual Insurance Company apparently declined to defend or indemnify Rhodes under her parents' homeowners ... provision" (Allstate Ins. Co. v Zuk, 78 NY2d 41, 45; see Continental Cas. Co. v Rapid-American Corp., 80 NY2d 640, 652; ... New York Schools Ins. Reciprocal, 65 AD3d 1061). In contrast, the defendant Liberty Mutual Insurance Co. (hereinafter Liberty) failed to establish that "there is no possible factual or legal ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
15 Nov, 2008 9:10 am by Roy A. Mura
... incident, and the insurers subsequently disclaimed coverage. The plaintiffs then commenced this action seeking a judgment declaring that the insurance carriers were obligated to indemnify them for a settlement reached with Flynn. The plaintiffs also asserted a claim against ... moved for summary judgment under the following policies: Continental Casualty Company -- business auto policy to Joseph Picone & Son, Inc. Great Northern Insurance Company -- personal package policy to Joseph Picone, Jr ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
2 Sep 7:36 am
... $8.5 million. Other insurance companies, including plaintiff National Union Fire Ins. Co. of Pittsburgh, PA and defendant Continental Casualty Company, paid the settlement on behalf of ... and/or reinsurance contract. National Union objected to producing such information and Continental requested that the court compel production. A U.S. Magistrate Judge for the Southern District of ... , captioned National Union Fire Ins. Co. of Pittsburgh, PA, et al. v. Continental Cas. Co., No. 07-cv-11073 (S.D.N.Y. ...
InsureReinsure.Com: The Insurance & Reinsurance Blog - http://www.insurereinsure.com/
10 Dec, 2008 6:34 am by Roy A. Mura
... prejudiced by the City's "lackadaisical attitude in forwarding the suit papers" and invalidated Continental's late notice of suit disclaimer. Forward to April, 2007, when the First Department ... AD3d 435, 435 [2d Dept 2004] ["(t)he non-party . . . Insurance Company" is an "interested person" under CPLR 5015]), but chose instead to allow ... compliance with the policy, she failed to give plaintiff notice of her suit against its insureds until 14 months after the suit was commenced and she had obtained ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
29 Jul, 2008 9:59 am
... by Continental that guaranteed the obligations of Superior National Insurance Company ("Superior"), a workers' compensation insurer that was liquidated in 2000. When Superior failed, Continental "balked" at paying the amount owed under the surety bond and the ... more than $500 million in workers' compensation claims. The resulting litigation over the bond was recently settled, with Continental agreeing to pay $56.25 million. After deducting litigation expenses, CIGA recovered approximately $56 ...
InsureReinsure.Com: The Insurance & Reinsurance Blog - http://www.insurereinsure.com/
21 Oct 7:43 am by Andrew Lavoott Bluestone
A prime worry for the legal malpractice practitioner, on either side of the aisle, is whether there is legal malpractice insurance. For the defendant, it is paramount; for the plaintiff it is significant. Much thought has gone into how to determine whether the target defendant ... insurers Executive Risk Indemnity Inc. and Twin City Fire Insurance Company, based upon their prior knowledge exclusions, and Continental Casualty Company, based upon rescission of its policies, were entitled to summary ...
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
30 Sep 12:47 pm by Goldberg Segalla LLP
... , Sherrill & Co., L.P. v. Marsh USA, Inc. Download Capitol Specialty Insurance Corp. v. Whitaker Download Century Surety Co. v. Dewey Bellows Operating Co. Download Chartrand v. Illinois Union Insurance Company Download Continental Casualty Co. v. Consolidated Graphics Download Dunn v. Reed Group, Inc. ... of America v. Vecsey Download Sanchez v. Hartford Ins. Co. Download Scharff v. Raytheon Company Short Term Disability Plan Download Smith v. Barnwell County Download State Farm Mutual ...
The Insurance and Reinsurance Report - http://insurancecoverage.typepad.com/insurance_and_reinsurance/
30 May, 2007 1:19 pm by S. COTUS
Barrett Paving Materials v. Continental Insurance, Nos. 06-1951, 06-2017. Ah, you gotta love insurance coverage litigation. If you don't love it, you need to get your head checked. Anyway, "This case ... for long-term discharge and sudden discharges), and therefore it wasn't an abuse of discretion. Finally, regarding the missing insurance company, the First holds that since it is gone, it isn't an "other" policy for purposes of another umbrella policy, and ...
Tags: contracts
Appellate Law & Practice - http://appellate.typepad.com/appellate/
20 Aug 6:51 am
... excuse for his nearly one-year delay in notifying his insurer, the petitioner, Progressive Northeastern Insurance Company (hereinafter Progressive). McBride submitted evidence that his counsel sent ... ; cf. Matter of Travelers Ins. Co. v Cohen, 61 AD3d 768; Matter of Continental Ins. Co. v Marshall, 12 AD3d 508; Matter of State Farm Mut. ... for delayed notice of SUM claim. Remember that under Chapter 388 of the Laws of 2008, Insurance Law § 3420(d) was amended to add this new subparagraph (1): (d)(1)( ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
17 Dec, 2008 9:21 am by Roy A. Mura
... Development Corporation. Pursuant to that contract, Galaxy purchased from Commercial Underwriters Insurance Company (which became Allied World Assurance Company (U.S.), Inc.) a $1 million OCP policy for the owners. Galaxy itself was insured under a $1 million primary CGL policy with CUIC, and a $10 million excess ... the other to the owners), the antisubrogation rule is applicable (North Star Reins. Corp. v Continental Ins. Co., 82 NY2d 281 [1993], supra). As the Court of Appeals has made clear, ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
13 Nov 8:11 am
... on your behalf or wliether the operations are conducted for yourself or for others. S&W was also insured under a $50 million purchasing group commercial umbrella liability policy issued by American Guarantee & Liability Insurance Company. On March 30, 2004, a contractor's employee fell from a scaffold and was injured ... , is subject to no other reasonable interpretation, and applies in the particular case (see Continental Cas. Co. v Rapid-Am. Corp., 80 NY2d 640, 652 [1993 ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
12 Apr, 2008 4:38 pm
... client. C. Right to Independent Counsel Right Not Created Johnson v. Continental Cas. Co., 788 P.2d 598, 363 (Wa. App. 1990) (Not ... obligation of fairness' in a reservation of rights situation might lead to after-the-fact liability of the insurer, retained defense counsel, or both.") • James 3 Corp. v. Truck Ins. Exch ... material should be limited to noncoverage related items. Policyholder counsel should request that the insurance company set forth the basis for audit counsel's investigation and review ...
Gauntlett on Insurance - http://www.gauntlettoninsurance.com/
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