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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 simply

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 simpl

Denied 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 agains

Dismiss 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 ou

Do 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 genera

Do 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 genera

DFS 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 Regul

DFS 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 Regul

Do 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 se

Disparage 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 c

Disparage 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 c

Don’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 d

Don’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 d

Death 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. F

Don’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’s

Defense 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 attorn

Don’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 advertising

Don’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 advertising

Drilling 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 Seahawk

Daughter 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 (

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