News
Entities operating numerous locally owned drug stores in Mississippi filed suit in state court against four corporations. All plaintiffs and one defendant were signatories to an agreement which incorporated an arbitration clause. The case was removed and all defendants moved to compel arbitration. The motion was granted and all parties were ordered to submit their claims to arbitration. Crawford Professional Drugs, Inc. v. CVS Caremark Corp., 748 F.3d 249 (5th Cir. 2014).
The Fourth Circuit became the first circuit to apply the expanded definition of “disability” under the 2008 amendment to the American with Disabilities Act. Summers v. Altarum Institute, Corp., 740 F.3d 325 (2014).
A district court in Virginia held that an exclusion for personal and advertising injury under a State Farm Businessowner's Policy was ambiguous. Coverage for personal and advertising injury is precluded under exclusion 17(h)(1) if "[c]ommited by an insured whose business is: advertising, broadcasting, publishing or telecasting." State Farm Fire and Cas. Co. v. Franklin Center for Government and Public Integrity, No. 1:13-cv-957, slip op. (E.D. Va.
The Fifth Circuit had occasion to interpret the phrase “arising out of [an insured’s] ongoing operations” in the context of an additional-insured endorsement in a CGL occurrence policy, which excludes property damage occurring after all work has been completed. Woodward v. Acceptance Indem. Ins. Co., 2014 WL 1465363 (5th Cir. 2014), reh’g denied, 2014 WL 1465363 (5th Cir. Apr 15, 2014).
Alabama joins the list of states to redefine coverage for contractors under CGL policies in Owners Ins. Co. v.
Webb Sanders & Williams took the lead in preparing the Amici Curiae petition on behalf of PCI and the Republic Group. A link to the petition is below.
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The Fifth Circuit Court of Appeals finds lack of arguable reason as a matter of law in a Uninsured Motorist / Bad Faith delay case under Mississippi Law. Here is a link to the courts decision.
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