
Month: November 2022
Texas Court: Ohio Law Applies to Bar Coverage for Construction Defect Claims
In a September 23, 2022 decision, the Southern District of Texas recently resolved a coverage dispute arising out of a construction defects arbitration in Texas by applying Ohio law, which excludes claims for faulty or defective workmanship. Read the full decision here: Liberty Ins. Corp. v. Omni Constr. Co. article (11.11.22). ... Read More
Introducing Jackson & Campbell, P.C.’s New President-Elect and Member of our Executive Committee
We are pleased to announce Marie VanDam as the newest member of Jackson & Campbell, P.C.'s Executive Committee, effective January 1, 2023. Marie will take the seat vacated by Dan Lynn, who has completed three full terms on the committee. We congratulate Marie and are grateful to Dan for his years of service. For the first time ever, ... Read More
California Appellate Court: “Other Insurance” Dispute Resolved by Reference to Plain Meaning of Policy Terms
In an unreported decision issued on September 8, 2022, the California Court of Appeal resolved a priority of coverage dispute for an underlying settlement when it found that one excess carrier’s reference to the primary policy in its definition of Underlying Limits entitled another excess carrier with no such reference to equitable subrogation. Read about this case here: ... Read More
California Court: COVID-19 Not “Pollution Condition” under Pollution Policy
The Eastern District of California, partly relying on California precedent interpreting the pollution exclusion, determined that COVID-19 did not constitute a ‘pollution condition’ in a pollution liability policy. Read more about this court case here: Vision Serv. Plan Plaintiff v. Illinois Union Ins. Co. et al. article (11.11.22) ... Read More
Arthur Burger, Chair of Jackson & Campbell’s Professional Responsibility Practice Group, is quoted by Bloomberg Law in its October, 25, 2022 Litigation newsletter
Arthur Burger, Chair of Jackson & Campbell’s Professional Responsibility Practice Group, is quoted by Bloomberg Law in its October, 25, 2022 Litigation newsletter as a legal expert with respect to a ruling by a federal judge in Pennsylvania, sanctioning a lawyer for plagiarizing from an argument by opposing counsel in the same case ... Read More
Lack of Standing: Failure to disclose dooms med-mal claim
Attorneys Crystal Deese and Sarah Godfrey recently secured a case law setting win on behalf of Northern Virginia Eye Surgery Center in the Circuit Court of Fairfax County when a shocking eve-of-trial discovery resulted in the suspension and ultimate dismissal of the entire case before opening arguments could even be heard. When defense counsel uncovered a bankruptcy petition, filed by the ... Read More