MITCHELL H. FRAZEN
Coverage Litigation


Environmental
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).
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).
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).
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).
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).
Non-Environmental
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).
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).
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).
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).
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).
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).
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).
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).
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).
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).
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).
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).
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).
 
 
 
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