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The Fifth Circuit recently affirmed a District Court decision holding that coverage for subsidiary “corporations” does not ordinarily include limited liability companies.  American Electric Power Company Inc., et al. v. Affiliated FM Insurance Company, No. 07-31061 (5th Cir. Jan. 21, 2009). 

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Read More Fifth Circuit: Coverage for Subsidiary “Corporations” Unambiguously Excludes LLC’s

The U.S. Court of Appeals for the Third Circuit recently held that an insurance carrier properly filed an interpleader complaint against policyholders to determine the distribution of $100,000 in life insurance proceeds.  Prudential Ins. Co. of Am. v. Hovis, et al., — F.3d –, (3d Cir. Jan. 27, 2009). 

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Read More Third Circuit Rules Interpleader Motion by Insurer Proper to Resolve Inheritance Dispute

The federal district court for the district of New Jersey recently denied an insured’s motion for reconsideration of its prior award of summary judgment in favor of its insurer.  Pine Belt Automotive, Inc. v. Royal Indemnity Co., et al., Civil Action. No. 06-5995 (D.N.J. Feb. 19, 2009). 

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Read More District Court Affirms Summary Judgment for Insurer in Employee Theft Case

An Illinois federal district court recently granted an insurer’s motion for judgment on the pleadings in a declaratory judgment suit regarding coverage for claims related to bacteria.  AMCO Ins. Co. v. Swagat Group, LLC, et al., No. 07-3330 (C.D.Ill. Feb. 10, 2009). 

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Read More Federal Court in Illinois Grants Judgment on the Pleadings in Legionnaire’s Disease Coverage Suit Based On Insureds’ Lack of Denial That Policy Contained Bacteria Exclusion

California’s Court of Appeal for the Fourth District has held that an insured is entitled to stack policy limits of all applicable policies when there is a continuous loss spanning multiple policy periods and policy provides for payment of “all sums” that insured becomes liable to pay, State of California v. Continental Insurance Company. 

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Read More Stringfellow Decision: Split in California Appellate Courts on Stacking of Policy Limits Across Policy Periods

As we discussed here, the United States Supreme Court last week ruled that state law claims for failure to include an adequate warning on a pharmaceutical label are not preempted by the federal Food and Drug Administration’s (“FDA”) prior approval of the product’s label. 

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Read More Wyeth v. Levine: Further Analysis of Risk Management Implications

John Hughes and Machua Millett of EAPD have recently released an updated version of their whitepaper entitled Venture Capital, Private Equity and Hedge Funds: Structure and Risk Exposures.  The whitepaper leads the reader through the structure and characteristics of venture capital, private equity and hedge funds, presents the latest market trends in these areas and then discusses the risk exposures for such funds and related entities. 

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Read More Updated Whitepaper: Venture Capital, Private Equity and Hedge Funds: Structure and Risk Exposures

The Superior Court of New Jersey, Appellate Division recently held that an insured that had received asbestos claims against it prior to the time it applied for an excess insurance policy was not precluded by the known loss or loss in progress doctrines from receiving coverage for subsequent asbestos-related claims. 

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Read More New Jersey Appellate Court Weighs in on Coverage of Asbestos Claims, Known Loss and Loss in Progress Doctrines