Depositing Policy Limits Does Not End the Duty to Defend
An Oregon federal court revisited a common coverage question that comes up from time to time: When indemnity for a loss is reasonably clear, can an insurer limit its defense expense exposure by simplDenied Times Two: Prejudicial Late Notice and Contractual Limitation Period Both, Separately, Doom First Party Claim
Finding the prejudice from the insured’s late notice was manifest, a federal district court in Connecticut dismissed, with prejudice, a first-party coverage action brought by an insured againsDismiss or Abate? The Eleventh Circuit Dismisses Bad Faith Allegations in Breach of Insurance Contract Actions
The longstanding debate in Florida’s state courts as to whether bad faith allegations can remain in a pending breach of insurance contract case, or whether they must be dismissed pending the ouDo Insurers Have an Interest in Interest?
“In some states, interest can be a significant portion of a judgement,†Goldberg Segalla partners Jonathan Schapp and Michael T. Glascott explain. “Although it is not generaDo Insurers Have an Interest in Interest?
“In some states, interest can be a significant portion of a judgement,†Goldberg Segalla partners Jonathan Schapp and Michael T. Glascott explain. “Although it is not generaDFS Partially Clarifies Who Qualifies for an Exemption Under Cybersecurity Regulation
By the terms of 23 NYCRR 500.19(e), Covered Entities that have determined they qualify for a limited exemption from compliance under 23 NYCRR 500.19(a)-(d) of New York’s new Cybersecurity RegulDFS Partially Clarifies Who Qualifies for an Exemption Under Cybersecurity Regulation
By the terms of 23 NYCRR 500.19(e), Covered Entities that have determined they qualify for a limited exemption from compliance under 23 NYCRR 500.19(a)-(d) of New York’s new Cybersecurity RegulDo Not Pass Go, Do Not Collect Hundreds of Thousands of Dollars: Seventh Circuit Parses Through Insured’s Gamesmanship to Find No CGL Coverage for Settlement of Faulty Workmanship Claim
In Allied Property & Casualty Insurance Co. v. Metro North Condominium Ass’n, No. 16-1868, 2017 U.S. App. LEXIS 4107 (March 8, 2017), the Seventh Circuit found coverage unavailable for a seDisparage Me Not: Maryland Federal District Court Finds No Coverage for Phone Unlocking Suit
In Wireless Buybacks, LLC v. Hanover American Insurance Co. (D. Md. Dec. 8, 2016), the U.S. District Court for the District of Maryland held that an insurer had no duty to defend its insured against cDisparage Me Not: Maryland Federal District Court Finds No Coverage for Phone Unlocking Suit
In Wireless Buybacks, LLC v. Hanover American Insurance Co. (D. Md. Dec. 8, 2016), the U.S. District Court for the District of Maryland held that an insurer had no duty to defend its insured against cDon’t Let The Door Hit You on the Way Out: Insurer Loses Coverage Suit Involving Injuries Sustained By Fitting Room Door
In Selective Insurance Co. of South Carolina v. Target Corporation, No. 16-1669, 2016 U.S. App. LEXIS 23370 (7th Cir. Dec. 29, 2016), the Seventh Circuit affirmed an Illinois district court’s dDon’t Let The Door Hit You on the Way Out: Insurer Loses Coverage Suit Involving Injuries Sustained By Fitting Room Door
In Selective Insurance Co. of South Carolina v. Target Corporation, No. 16-1669, 2016 U.S. App. LEXIS 23370 (7th Cir. Dec. 29, 2016), the Seventh Circuit affirmed an Illinois district court’s dDeath of Carrie Fisher Likely Triggers Largest Contractual Performance Indemnity Policy
On December 27, 2016, Carrie Fisher, who was perhaps best known as Princess/General Leia Organa in the Star Wars Universe, passed away after a heart attack. As Star Wars fans and the world mourn Ms. FDon’t Skip Steps When Analyzing the Foundation for a Covered Claim: No Publication and No Use of Advertising Ideas Means No Duty to Defend Beauty School Dispute
Desabato v. Assurance Co. of America et al., No. 2:15-cv-484, 2016 U.S. Dist. LEXIS 135389 (W.D. Pa. Sept. 30, 2016) represents a continuation of Pennsylvania law in the context of an insurer’sDefense Counsel’s Billing Records Are Discoverable When an Insured Seeks Payment of Attorney’s Fees for Bad Faith
While one may expect that an insurer opposing an award of attorney’s fees to a plaintiff in bad faith litigation would be entitled to review the billing records of the plaintiff’s attornDon’t Believe the Hype: Over-Touting One’s Own Products Triggers Non-Conformity Exclusion
A Virginia federal court rendered an important decision on product disparagement coverage, holding that a policy’s Non-Conformity Exclusion barred coverage for the underlying false advertisingDon’t Believe the Hype: Over-Touting One’s Own Products Triggers Non-Conformity Exclusion
A Virginia federal court rendered an important decision on product disparagement coverage, holding that a policy’s Non-Conformity Exclusion barred coverage for the underlying false advertisingDrilling Down Policy Language Results in Finding Two Occurrences Because Two Separate Events were Proximate Cause of Insured’s Losses
Hundreds, if not thousands, of cases have been decided based on the meaning of “arising out of†and “arising from†when used in an insurance policy. The recent case of SeahawkDaughter Does Not Have to Pay for the Sins of Her Mother: Insurer Entitled to Restitution from Insureds but Appellate Court Remands Damage Award
The 2015 holiday season might be a bit tense for a mother-daughter team ordered to pay restitution to their insurer for fraud and misrepresentation. Secura Ins. v. Thomas, 2015 Mich. App. LEXIS 2230 (Meet The Experts
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