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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…

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…

Author Kenneth Engerrand
Tags defense / Fifth Circuit / insurance / louisiana / reservation of rights / waiver
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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…

Author Kenneth Engerrand
Tags arbitration / FAA / Federal Arbitration Act / Noncompete / SCOTUS
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November 15
2012

Proposed TRCP 91a and TRCP 169 – early dismissals and expedited actions

In 2011, the Texas Legislature passed a law which called upon the Texas Supreme Court to modify the Texas Rules of Civil Procedure (TRCP) to allow for, among other things, (a) early dismissals of civil actions without any basis in law or … Read full post…

Author admin
Tags Texas / TRCP
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November 6
2012

Eleventh Circuit: Seamen’s Arbitration Agreements are Enforceable

The Eleventh Circuit holds yet again that seamen’s arbitration agreements are enforceable in Kenneth Fernandes v. Carnival Corp., 09-15675 (11th Cir. Jul. 12, 2012). Following up on its own recent precedents, Lindo v. NCL (Bahamas) Ltd., 652 F.3d 1257 (11th Cir. 2011) … Read full post…

Author Kenneth Engerrand
Tags arbitration / Eleventh Circuit / Jones Act / maritime / seamen
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Mold, Fungi, Virus, Bacteria, Air Quality, Contaminants or Other Harmful Materials Exclusion in CGL Policy

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

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

Proposed TRCP 91a and TRCP 169 – early dismissals and expedited actions

Eleventh Circuit: Seamen’s Arbitration Agreements are Enforceable

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