A petition for damages recently filed in the Circuit Court of Missouri, St. Louis County, alleges that Doe Run Resources Corporation, one of the world’s largest lead producers, its related entities, and six Doe Run officers and directors released lead and other toxic substances from the company’s metallurgical complex in Peru, injuring numerous children.
United States
Reports: AIG Considering Selling Brazilian Assets
According to media reports, American International Group (AIG) is considering selling some or all of its Brazilian holdings as part of its strategy to repay the recent loan from the Federal Reserve Bank of New York. …
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House Removes H.R. 5840 from Consideration; Passes NARAB
By Troutman Pepper Locke on
On September 17, House of Representatives Speaker Nancy Pelosi (D-Ca.) removed H.R. 5840 from the legislative calendar. As previously discussed here, the legislation would establish a federal Office of Insurance Information.
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Read More House Removes H.R. 5840 from Consideration; Passes NARAB
Congress Still Unable to Agree on NFIP, Considers Short-Term Extension
As previously reported here, the National Flood Insurance Program (“NFIP”) is due to expire at the end of this month. With the House of Representatives and Senate still at odds over key provisions, Rep. Barney Frank (D-MA) has introduced a bill, H.R. 6965, which would temporarily extend the NFIP for an additional seven months. …
Read More Congress Still Unable to Agree on NFIP, Considers Short-Term Extension
BREAKING NEWS: SEC AND FSA Ban Short-Selling in Financial Companies
In an effort to aggressively counter the recent market crisis, the United States Securities & Exchange Commission and United Kingdom’s Financial Services Authority announced today that they have temporarily banned all short-selling in financial companies. …
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U.S. House of Representatives to Vote on Creation of Federal Insurance Office
By Troutman Pepper Locke on
The U.S. House of Representatives will take up a vote this week on legislation, H.R. 5840, which would create a federal insurance office that would be responsible for monitoring insurance markets. …
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UPDATE: Tennessee Supreme Court Extends Employer Liability in Secondhand Asbestos Exposure Lawsuit
By Troutman Pepper Locke on
As previously discussed here, the Tennessee Supreme Court heard oral arguments in January, 2008, in a case against an employer brought by its employee’s daughter concerning her secondhand exposure to asbestos. Plaintiff Amanda Satterfield succumbed to mesothelioma at the age of 25. …
Read More UPDATE: Tennessee Supreme Court Extends Employer Liability in Secondhand Asbestos Exposure Lawsuit
Under Occurrence Policy, Damage Occurred and Insurer’s Duty to Defend was Triggered On Date When the Injury Happened, Not Date of Discovery
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
On certified questions from the Fifth Circuit Court of Appeals, the Supreme Court of Texas recently held that, when a policy does not otherwise specify, damages under an occurrence-based general liability policy “occur”, and an insurer’s duty to defend is triggered, on the date when the injury happens and not on the date the injury is discovered. …
Read More Under Occurrence Policy, Damage Occurred and Insurer’s Duty to Defend was Triggered On Date When the Injury Happened, Not Date of Discovery
Federal Appeals Court Vacates Summary Judgment Decision Where Conflicting Evidence Regarding Principal Place Business of Insured Precluded Determinative Choice of Law Decision
The United States Court of Appeals for the Seventh Circuit recently remanded a choice-of-law determination to the district court for further proceedings because there was conflicting evidence about the principal place of business of one insured and the conflict could not be resolved on the paper record.
Read More Federal Appeals Court Vacates Summary Judgment Decision Where Conflicting Evidence Regarding Principal Place Business of Insured Precluded Determinative Choice of Law Decision
California Federal Court: Insured Plaintiff Can Seek Treble Punitive Damages For Insurer’s Alleged Bad Faith
By Troutman Pepper Locke on
The U.S. District Court for the Central District of California recently denied a motion to strike and allowed a plaintiff to pursue treble punitive damages against his insurer for the insurer’s alleged bad faith.