Author Archives: Kenneth Engerrand

January 14
2013

Fifth Circuit: May A Court Dismiss A Petition to Confirm a Foreign Arbitration Award Based upon A Lack of Personal Jurisdiction?

  First Investment Corp. of the Marshall Islands v. Fujian Mawei Shipbuilding, Ltd., No. 12-30377 (5th Cir. Dec. 21, 2012).   Covington Marine Corp. v. Xiamen Shipbuilding Industry Co., No. 12-30383 (5th Cir. Dec. 21, 2012). These cases presented the … Read full post…

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Posted in Florida / Louisiana / Texas
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December 13
2012

Southern District of Florida: Corrosion to insured property is not property damage under a CGL policy

Granting the defendants’ motion for summary judgment, Federal District Judge Kenneth Ryskamp of the United States District Court for the Southern District of Florida, West Palm Beach Division, found that  corrosion caused by the addition of a powdered coating to railings … Read full post…

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Posted in Coverage / Florida
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December 11
2012

Mold, Fungi, Virus, Bacteria, Air Quality, Contaminants or Other Harmful Materials Exclusion in CGL Policy

Century Surety Co. v. Hallandale Beach Service Station, LLC, 2012 U.S. App. LEXIS 19648 (11th Cir. Sept. 19, 2012) This case involves a coverage dispute with respect to injuries to workers at underground storage tanks at the insureds’ gas station. … Read full post…

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Posted in Coverage / Florida
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December 1
2012

Fifth Circuit (Louisiana): Technical Reservation of Rights Not Necessary and Delay in Asserting an Exclusion Does Not Waive It

Steadfast Insurance did not have coverage under its CGL policy for a collision involving a utility boat owned by its insured Harvest Oil because of a watercraft exclusion. Steadfast is a Zurich company, and Zurich also had policies covering Harvest. … Read full post…

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Posted in Coverage / Louisiana
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November 26
2012

SCOTUS: Federal Arbitration Act (“FAA”) Displaces Outright State Prohibition against Arbitration of a Particular Type of Claim.

Prior to consideration by the Supreme Court of the United States, the Oklahoma Supreme Court held noncompetition agreements in employment contracts were void and unenforceable under an Oklahoma statute which limits the enforceability of noncompetition agreements. The U.S. Supreme Court … Read full post…

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Posted in Florida / Louisiana / Texas
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