Month: December 2022
|
Colorado Federal Court Finds No Coverage Under Claims-Made Policies After Insured’s Late Notice of Underlying Lawsuits
In National Union Fire Insurance Co. of Pittsburgh, PA v. Estate of Stephen Calendine DDS et al., No. 21-cv-1541, 2022 WL 17486796 (D. Colo. Dec. 7, 2022), the United District Court for Colorado held that the insured failed to meet the notice requirements of his two claims-made and reported policies and that the notice-prejudice ... Read More
|
Georgia Federal Court: General Liability Policy’s Pollution Exclusion Bars Coverage for Claims Arising from Discharge of PFAS into Waterways
In a December 5, 2022 decision, the Northern District of Georgia determined that a total pollution exclusion in a commercial general liability policy precluded coverage for damages arising out of the discharge of PFAS chemicals into waterways. Read more here ... Read More
|
Maryland and Virginia appellate courts issue decisions on statutory interpretation
In the Maryland case of Elsberry v. Stanley Martin Companies, LLC, the purchasers of a single-family home in Charles County filed suit alleging that the seller improperly imposed an amortized water and sewer charge for a period of thirty years after the date of the initial sale. The homeowners filed suit contending that Md. Code Real Prop. § 14-117 ... Read More
TAGGED: #realestatelaw #DCrealestate
|
Dismissal – forum non conveniens: Foreign medical malpractice plaintiff’s choice to pursue a claim in D.C. outweighed by public and private interest factors in favor of the forum where alleged negligence occurred.
Attorneys Crystal Deese and Benjamin Harvey secured dismissal of a medical malpractice case from D.C. Superior Court on forum non conveniens grounds. Defendants’ motion was successful despite the fact that the defendant hospital system was incorporated in the District and its nurse employee was licensed in both the District and in Maryland. The court weighed the private and public interest ... Read More
|
Massachusetts Federal Court Upholds Denial of Coverage for Defense Costs Under an Excess Policy Because Insured Failed to Provide Timely Notice Under a Claims-Made and Reported Policy
In President & Fellows of Harvard Coll. v. Zurich Am. Ins. Co., Harvard University filed suit against Zurich American Insurance Company for defense costs under an excess claims made and reported policy. The United States District Court for Massachusetts sided with Zurich and found that the University failed to timely satisfy the notice requirements ... Read More