| Environmental
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| 1. |
Applicability of absolute pollution
exclusion to toxic exposure claims. Center for Creative
Studies v. Ætna Life & Casualty Company,
et al., 871 F.Supp. 941 (E.D. Mich. 1994)(settled). |
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| 2. |
Pleading of policy drafting history
and insurance industry regulatory conduct. Stepan Company
v. Admiral Insurance, et al. (Circuit Court of Cook
County, Illinois)(settled). |
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| 3. |
Effect of late notice of environmental
claims, and known loss rule. Universal Chemicals Corp.
v. Ætna Casualty & Surety Company (Circuit
Court of Cook County, Illinois) (summary judgment obtained). |
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| 4. |
Lack of coverage for remediation costs
of asbestos contaminated building materials under first-party
property insurance. Sentinel Management Company v.
Aetna Casualty & Surety Company (District Court
for Hennepin County, Minnesota) (summary judgment obtained).
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| 5. |
Applicability of lead hazards exclusion
to lead-poisoning bodily injury claims. Holloway v.
Northfield Insurance Company (Circuit Court of Cook
County, Illinois) (summary judgment obtained). |
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| Non-Environmental
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| 1. |
Bad faith denial of coverage due to
non-compliance with policy reporting requirements under
a stop-loss warranty policy. Case Corporation v. Ætna
Casualty & Surety Company (U.S. District Court
for the Eastern District of Wisconsin)(tried in 1997;
appeal pending in Seventh Circuit Court of Appeals). |
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| 2. |
Denial of coverage due to late notice
under a claims-made-and-reported form of non-profit directors'
and officers' liability policy. Land Clearance for
Redevelopment Authority of Kansas City, Missouri v. International
Surplus Lines Insurance Company, (Circuit Court for
Jefferson County, Missouri, 1992) (settled after 1993
jury trial); Tri-County Council for Child Development
v. International Insurance Company (Circuit Court
of Van Buren County, Michigan, 1994) (settled 1995). |
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| 3. |
Product recall coverage under the sistership
exclusion to a general liability policy. Merckt Cheese
Co., Inc. v. Zanders Creamery, Inc. v. Regent Insurance
Company (Circuit Court of Kenosha County, Wisconsin)
(summary judgment obtained). |
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| 4. |
Effect of policy application non-disclosure
of known potential claims, under a policy of non-profit
directors' and officer's liability insurance. International
Surplus Lines Insurance Company v. Wyoming Research Corporation,
850 F.Supp. 1509 (D. Wyo. 1994) affirmed 52 F.3d 901 (10th
Cir. 1995)(summary judgment obtained and affirmed). |
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| 5. |
Coverage for civil rights and tort claims
against police officers under a public officials liability/non-profit
directors and officers policy of insurance. International
Insurance Company v. Guaranty National Insurance Company,
780 F.Supp. 546 (N.D.Ill. 1991), affirmed in part and
reversed in part, Guaranty National Insurance Company
v. International Insurance Company, 994 F.2d 1280
(7th Cir. 1993).
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| 6. |
Coverage for claims of FDIC against
accountants for a failed bank, under an accountants' professional
liability (errors & omissions) policy. FDIC v.
Cherry, Beckaert & Holland, 742 F.Supp. 612 (M.D.
Fla. 1990)(settled). |
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| 7. |
Rescission action based upon policy
application misrepresentations by an accountant under
a professional liability (errors and omissions) insurance
policy. North River Insurance Company v. Robert M.
Phillips, P.C. (U.S. District Court for the Southern
District of Iowa)(denial of rescission after bench trial;
settled while on appeal to the Eighth Circuit U.S. Court
of Appeals).
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| 8. |
Withdrawal from defense of an insured
accountant due to non-cooperation in the defense of a
professional liability claim. Lonnie Kent Wildrick
v. North River Insurance Company, 75 F.3d 432 (8th
Cir. 1996)(summary judgment obtained in U.S. District
Court for the Southern District of Iowa, affirmed on appeal
to the Eighth Circuit U.S. Court of Appeals). |
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| 9. |
Trigger of coverage for construction
defect claims against contractors, where allegedly defective
work installed during policy period first manifested problems
after policy period. Scottsdale Insurance Company v.
Zale Group, Inc. (pending in the Circuit Court of
Cook County, Illinois).
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| 10. |
Coverage for personal injury claim by
volunteer worker under an Owners and Contractors Liability
Policy issued to purchasers of prefabricated home kits.
Jeffrey Weese v. Northfield Insurance Company (Circuit
Court of Marshall County, West Virginia)(settled 1999). |
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| 11. |
Applicability of Designated Premises
Endorsement to a CGL policy to construction personal injury
claims at non-listed job sites of insured. Composite
Products, Inc. v. Scottsdale Insurance Company (pending
in the Circuit Court of Cook County, Illinois). |
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| 12. |
Availability of late-notice defense
to excess insurer, and applicability of the notice-prejudice
rule to excess insurer. Northfield Insurance Company
v. City of Harvey (pending in the Circuit Court of
Cook County, Illinois). |
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| 13. |
Application of the financial interest
exclusion if a Real Estate Agents and Brokers Liability
policy to professional negligence claims against a broker
who was a partner of the builder-real estate developer.
Gulf Insurance Company v. Connecticut Realty Associates,
Inc. (pending in the Supreme Court of Manchester County,
Connecticut). |