Author Archives: Bose McKinney & Evans LLP

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.

Fifth Circuit: Merely Alleging “Property Damage” Doesn’t Trigger Duty To Defend

The Fifth Circuit, applying Texas law, recently considered whether certain alleged damages qualified as “property damage” for the purpose of a general liability policy. In PPI Technology Services, L.P. v. Liberty Mutual Insurance Co., Royal Production Company, Inc. retained the … Continue reading

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Supreme Court of Ohio Holds Faulty Workmanship is Not an “Occurrence”

States are split as to whether faulty workmanship constitutes an “occurrence.”  A majority holds that defective workmanship, standing alone, is not an “occurrence,” whereas the minority finds that faulty workmanship is an “occurrence.”  Under the majority view, it’s an “occurrence” … Continue reading

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Laurin to Speak at ICLEF Seminar on Advanced Insurance Law

Bose McKinney Construction and Insurance Law Group partner Sam Laurin will serve as a presenter for the Indiana Continuing Legal Education Forum (ICLEF) seminar regarding advanced insurance law. The ICLEF seminar takes place Tuesday, October 16, at the ICLEF Conference … Continue reading

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Georgia Rejects Reservation of Rights Defense Where Insurer Denies Coverage

In Hoover v. Maxum Indemnity Company, a majority of the Supreme Court of Georgia ruled that an insured cannot disclaim coverage on one ground and reserve its right to disclaim on another.  The Court, applying Georgia law, reversed the Georgia … Continue reading

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Tenth Circuit Decides Haunted House’s Insurers Must Share Costs

We in the Bose Insurance Group always appreciate good stories and good writing.  And when you can combine both in law, that’s even better.  Tenth Circuit Judge Gorsuch had some hair-raising fun writing the opinion in Western World Insurance Co. v. … Continue reading

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Federal Court Orders Production of Loss Reserve and Reinsurance Information

Parties in insurance disputes sometimes seek production of information regarding loss reserves and reinsurance.  But when should such information be produced?  The Western District of Washington recently addressed this issue in Isilon Systems, Inc. v. Twin City Fire Ins. Co., … Continue reading

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Fourth Circuit Finds Partial Coverage for FLSA Violation

The Fourth Circuit recently held that an insured’s failure to pay its employees’ wages in accordance with the Fair Labor Standards Act triggered the insurer’s duty to defend under a commercial package insurance policy.  In Republic Franklin Ins. Co. v. … Continue reading

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Fifth Circuit Finds Arbitration Clause in Employee Handbook Was “Illusory”

Though federal policy strongly favors arbitration, there are limits. (See our other arbitration posts here.) Last month, in Carey v. 24 Hour Fitness USA Inc., the Fifth Circuit held that an employer’s arbitration clause was invalid because it was illusory. … Continue reading

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Court Denies Coverage for Carmel, IN, Soccer Team

In June of 2004, 17 players and two coaches of a local youth soccer team, Carmel Commotion, were involved in a car accident while attending a tournament in Colorado.  The team was riding in a rented van, en route to … Continue reading

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Courts Rebuff Policyholders Who Seek Defense of Antitrust Class Actions

Recently-filed lawsuits in California and Georgia follow a trend of CGL policyholders demanding defenses to antitrust conspiracy claims under the theory that the antitrust class actions seek damages for “personal and advertising injury.” The same playbook, however, has not succeeded … Continue reading

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