On July 9, 2014, in yet another in the ever growing line of cases examining whether or not separate D&O claims involve interrelated wrongful acts, District of Puerto Rico Judge Gustavo Gelpi, applying Puerto Rico law, held that the FDIC’s claims against the former directors and officers of the failed Westernbank did not involve the “facts alleged” against the directors and officers in an earlier lawsuit, and therefore were not deemed made at the time of the earlier lawsuit.
In May 2014, Nevada became the latest state to interpret the breadth and applicability of the pollution exclusion contained within a third-party general liability policy.
On July 3, 2014, in an interesting decision that is sure to stir up much discussion and controversy, District of Minnesota Judge Paul Magnuson, applying Delaware law, held that U.S. Bank was entitled to coverage under its professional liability insurance for restitutionary amounts it paid in settlement of an overdraft fee overcharge class action.
David Charles contacted me to help him and others regarding Superstorm Sandy flood damages. He is a veteran of many storms.
In Expedia, Inc. v. Steadfast Ins. Co., the Washington Supreme Court unanimously held that insurers that promise to defend an insured party from lawsuits must pay for the cost of defense as soon as the duty is triggered, regardless of whether the insurer has a defense that might ultimately relieve it of this duty.