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No Defense Owed to Insured for Mediation Involving Environmental Contamination

The Illinois Appellate Court recently held that the term “suit” in a commercial general liability policy does not include a pre-suit mediation between the insured and others over the allocation of costs incurred to remediate environmental contamination. As a result, the court ruled that the insurers had no obligation to reimburse the insured for its legal fees incurred in the mediation.[1] The insured operated a manufacturing facility on a property that was eventually declared a Superfund site by the U.S.

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Seventh Circuit Holds That Replacement Cost Coverage Requires Aesthetic Matching in Hailstorm Claim

In the latest entry of “matching” jurisprudence under first party property policies, the Seventh Circuit Court of Appeals, acknowledging that jurisdictions have reached conflicting results and applying Illinois law, held that a carrier was required to replace undamaged siding to match the panels replaced due to damage in a hailstorm.[1] In doing so, the court affirmed the Northern District of Illinois’ award of summary judgment in favor of the insured on that issue. The parties’ dispute arose out of a

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No Privilege for Communications Between Insurance Adjuster and In-House Counsel

Courts around the country continue to refine the scope of the attorney-client privilege and the attorney work-product doctrine in the context of communications between an insurance company adjuster and the insurer’s in-house counsel. Recently, the United States District Court for the District of Colorado held that a claims adjuster’s emails, claim notes, and interoffice memoranda are not privileged, even though they involved the carrier’s in-house attorney. Olsen v. Owners Ins. Co., No. 18-CV-1665-RM-NYW, 2019 WL 2502201 (D. Colo. June 17,

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No Privilege for Communications Between Insurance Adjuster and In-House Counsel

Courts around the country continue to refine the scope of the attorney-client privilege and the attorney work-product doctrine in the context of communications between an insurance company adjuster and the insurer’s in-house counsel. Recently, the United States District Court for the District of Colorado held that a claims adjuster’s emails, claim notes, and interoffice memoranda are not privileged, even though they involved the carrier’s in-house attorney. Olsen v. Owners Ins. Co., No. 18-CV-1665-RM-NYW, 2019 WL 2502201 (D. Colo. June 17,

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Part 2: Insurance Company Compliance with the CCPA as Businesses

This blog post is our second post in a multi-part series addressing what insurers need to know about the California Consumer Privacy Act (CCPA). This post focuses on insurers’ compliance obligations under the CCPA. If you would benefit from a background discussion on the CCPA, please visit our first post in this series entitled “Part 1: The California Consumer Privacy Act – What Insurers Need to Know.” The CCPA applies to insurers to the extent they qualify as “businesses” that

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Part 2: Insurance Company Compliance with the CCPA as Businesses

This blog post is our second post in a multi-part series addressing what insurers need to know about the California Consumer Privacy Act (CCPA). This post focuses on insurers’ compliance obligations under the CCPA. If you would benefit from a background discussion on the CCPA, please visit our first post in this series entitled “Part 1: The California Consumer Privacy Act – What Insurers Need to Know.” The CCPA applies to insurers to the extent they qualify as “businesses” that

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Eleventh Circuit Holds that Referencing Sealed Documents Is Not Proper Notice

The Eleventh Circuit upheld a win for the insurer under a claims-made-and-reported policy in Crowley Mar. Corp. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, No. 18-10953, 2019 WL 3294003 (11th Cir. July 23, 2019), finding that the insured did not provide timely notice. In so holding, the court rejected the insured’s argument that it provided timely notice by sending a letter to the insurer referencing an affidavit which the insured claimed alleged wrongful conduct against the insured, but was sealed, preventing the insurer from confirming the insured’s claim for

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