Simpson Thacher: Insurance Law Alert, September 2010 | Practical Law
This Simpson Thacher & Bartlett LLP memorandum discusses court rulings on insurance topics including an insurer's duty to defend against claims related to contaminated baby bottles under the definition of "bodily injury" in general liability policies; whether a trial court must stay proceedings pending appeal of a denial of a motion to compel arbitration; the jurisdictional "amount in controversy" requirements of the Class Action Fairness Act of 2005 (CAFA); whether an insurer is entitled to reimbursement of defense costs expended under a reservation of rights after a judicial determination that the insurer is not obligated to defend and/or indemnify; whether exposures to asbestos may be considered a single occurrence under excess insurance policies; a policyholder’s claim for reimbursement of expenses incurred in remediating allegedly defective Chinese drywall under a comprehensive general liabiilty (CGL) policy; two waiver of privilege claims including whether disclosure of documents to an auditor constitutes waiver under Textron; and the application of New Jersey's fee-shifting statute to a coverage dispute in Illinois.