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United States Court Of Appeals For The Sixth Circuit Affirms A Lower Court’s Decision Granting A Motion For Summary Judgment Based On The Professional Services Exclusionary Provision In A Commercial General Liability Policy.

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In Orchard, Hiltz & McCliment, Inc. v. Phoenix Insurance Co., Nos. 16-1176 & 16-1231, 2017 WL 244787 (6th Cir. 2017), the United States Court of Appeals for the Sixth Circuit affirmed a lower court’s grant of Summary Judgment against the Engineer, Orchard, Hiltz & McCliment, Inc. (“OHM”) and in favor of Insurers, Phoenix Insurance Co….
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Florida Appeals Court Holds Contractor Not Liable For Playground Defects After City Failed To Give Contractor Notice And Opportunity To Cure Defects

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In Magnum Construction Management Corp. v. City of Miami Beach, No. 3D15-2239, 2016 WL 7232268 (Fla. Dist. Ct. App. Dec. 14, 2016), the Third District Court of Appeal of Florida found the City of Miami Beach was precluded from recovering damages for construction defects because it failed to provide Magnum Construction Management Corporation (“MCM”) with…
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The Eeoc Under A Trump Administration

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President Donald Trump appointed Victoria Lipnic (“Ms. Lipnic”) as the new Chairwoman of the Equal Employment Opportunity Commission (“EEOC”).   Ms. Lipnic is not new to the EEOC.  She has been an EEOC Commissioner since 2010 and was a President Obama appointee.  She has assured the employment community that she will not undo the EEOC’s “pro-employee”…
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Dupont And Chemours Settle Mdl Related To Pfoas

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Chemours and DuPont, its former owner, have agreed to pay $671 million to resolve multidistrict litigation in Ohio federal court alleging DuPont improperly released cancer causing chemicals into the Ohio River. There were over 3,400 lawsuits in the multidistrict litigation pending against DuPont over the contamination.  The case dates back to a 2001 class action,…
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Highlights From The Finra 2017 Regulatory And Examination Priorities Letter

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FINRA released its Regulatory and Examination Priorities Letter for 2017.  The letter provides information about areas FINRA plans to review in its 2017 exams based on observations from their regulatory programs, as well as input from various stakeholders, including broker dealers, other regulators and investor advocates. According to its letter, FINRA will be increasing its…
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Texas Federal Court Applies Answers To Certified Questions In Interpreting And Applying Property Damage Exclusions

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The Southern District of Texas has issued its latest ruling in U.S. Metals, Inc. v. Liberty Insurance Corp., 2017 WL 830398 (S.D. Tex. Feb. 27, 2017), a complex and longstanding coverage litigation concerning the interpretation of the “your product” and “impaired property” exclusions. U.S. Metals sold Exxon 350 flanges used to remove sulphur from diesel…
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The Insurance Tripartite Relationship Who Is My Client Anyway

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Insurance-appointed counsel should be familiar with the “tripartite” relationship. Those insurance-appointed counsel who defend under a reservation of rights (“ROR”) especially should be aware of the potential conflicts that befall such representation. One commentator aptly described the ROR defense as “deeply and unavoidably vexing.”1 The Supreme Court of Mississippi has recognized the “tripartite” relationship creates…
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South Carolina Supreme Court Demonstrates Specificity Required In Reservation Of Rights Letters

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In Harleysville Group Ins. v. Heritage Communities, Inc., 2017 WL 105021 the South Carolina Supreme Court considered the impact that vague reservation of rights letters have on an insurer’s right to pursue its coverage defenses. The claim arose out of property damage to condominiums originally caused by the insureds’ faulty workmanship. After liability and damages were…
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Alabama Supreme Court Holds Products Completed Work Hazard Aggregate Limit Does Not Apply In Addition To General Aggregate Policy Limit

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In Pharmacists Mut. Ins. Co. v. Advanced Specialty Pharmacy LLC, No. 1140046, 2016 WL 6819657 (Ala. Nov. 18, 2016), the Alabama Supreme Court reduced an award against a pharmacy’s general liability and umbrella insurer by $3M after finding underlying claims only were subject to the policies’ general aggregate limit, and not also the products/completed work…
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