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Sedgwick


ATTORNEYS AT LAW

FEBRUARY 2010


Federal Court in Montana Rules That Fuel Truck Collision With Auto Arose Out of Maintenance or Use of Helicopter


In XL Specialty Insurance Co. v. Patrol Helicopters, Inc.,  the United States District Court for the District of Montana concluded that claims resulting from a traffic accident involving the insured's fuel truck "arose out of" the maintenance and use of the insured's helicopter, and therefore coverage existed under the policy insuring the helicopter. 

 

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California Appellate Court: Aviation Policy's Premises Liability and Products/Completed Operations Parts do not Provide Overlapping Coverage 


In U.S. Specialty Insurance Co. v. Superior Court, a California Court of Appeal rejected an injured party's argument that claims arising from a post-repair crash were covered under both the premises liability coverage and products/completed operations coverage of the insured repair facility's policy.

 

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Note: Coverage Issues Arising From Alleged Violations of Federal Antitrust Law


Contributed by Aaron F. Mandel


The aviation industry has had its share of suits alleging violations of Section 1 of the Sherman Antitrust Act, which prohibits "[e]very contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations." In light of the Obama administration's apparent intent to step up enforcement of antitrust laws, the current legal climate is ripe for continued civil antitrust suits. The following highlights some of the potential issues in connection with an insured's demand for coverage arising out of civil suits alleging violations of Section 1.


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Shortcuts

Article 1: XL Specialty Ins. Co. v. Patrol Helicopters, Inc. 

Article 2: U.S. Specialty Ins. Co. v. Superior Court 

Article 3: Note: Coverage Issues Arising From Alleged Violations of Federal Antitrust Law 


 

About this Newsletter

Sedgwick's Aerospace Insurance Update is a periodic review of notable insurance law case decisions addressing issues pertaining to the aviation and aerospace industry.  It is prepared by attorneys from our Aerospace Coverage Practice Group.

 

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Andrew T. Houghton

Partner, New York
tel: 212.422.0202
andrew.houghton@sdma.com 

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