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Heartbreak in the First Circuit: Court Dismisses Suit Against Insurer Over Coverage for Claims Related to Attorney’s Rocky Affair with Client

In Sanders v. The Phoenix Insurance Co. (1st Cir. Dec. 7, 2016), the First Circuit held that a homeowner’s insurance company had no duty to defend or indemnify its insured, a divorce attorney,

Hold the Sauce: Insurer Must Indemnify Insured for Trade Disparagement and Defamation Claims Arising Out of Indian Sauce Recipe Dispute

Rass Corporation v. The Travelers Companies, Inc., No. 15-P-358, 2016 Mass. App. LEXIS 163 (Nov. 10, 2016), represents a continuation of Massachusetts law in the context of an insurer’s duty to

Hold the Sauce: Insurer Must Indemnify Insured for Trade Disparagement and Defamation Claims Arising Out of Indian Sauce Recipe Dispute

Rass Corporation v. The Travelers Companies, Inc., No. 15-P-358, 2016 Mass. App. LEXIS 163 (Nov. 10, 2016), represents a continuation of Massachusetts law in the context of an insurer’s duty to

Hartford v. Tempur-Sealy: Can an Insurer Rest Easy When a Claim Does Not Appear to Be Covered?

When a complaint specifically denies that the plaintiff is seeking damages covered by an insurance policy, it seems logical that the insurer would not have a duty to defend. However, taking a very bro

Holy Stromboli! Grocer Loses Coverage and Bad Faith Battle Against Excess Carrier

In Charter Oak Insurance Company v. Maglio Fresh Foods, No. 14-4094, 2015 U.S. App. LEXIS 19268 (3d Cir. Nov. 4, 2015), the Third Circuit held that because the underlying lawsuit did not present a cov

Hawaiian High Court Allows an Excess Insurer to Equitably Subrogate a Bad Faith Claim

On a certified question from the Hawaiian federal district court, the Hawaiian Supreme Court allowed an excess insurer to sue a primary insurer for bad faith. The case, St. Paul Fire and Marine Insura

Hackers Continue to Target Health Insurers

Another health insurer has fallen victim to hackers. Premera Blue Cross suffered a breach that may have affected upwards of 11 million consumers. The National Association of Insurance Commissioners (

How Is a Dress Trade Dress? California Federal District Court Deems Clothing Design Infringement Suit as Alleging Trade Dress Infringement

In West Trend, Inc. v. AMCO Insurance Co., No. CV 14-06872-RGK (PLAx), 2015 U.S. Dist. LEXIS 6807 (C.D. Cal. Jan. 9, 2015), the Central District of California granted summary judgment in favor of West

Higher Deductible Plans Are the New Black and Speaking of Enrollment . . .

With 2014 wrapping up, attention is quickly turning to the benefits enrollment period for 2015 including enrollment for health insurance.  A new survey out by Towers Watson, the National Business G

Health Care Providers Ordered to Pay Insurer $8.4M for Billing Fraud

Three health care providers were forced to pay a judgment for defrauding an insurance company of millions of dollars. A Texas Federal Judge found that the defendant health care providers were wrongful

Hobby Lobby Precedent Already Undermined, Says Justice Sotomayor

Thursday, July 3, the United States Supreme Court granted an application for injunction pending appeal by Wheaton College, overriding its requirements for exemption from the contraceptive mandate unde

Hit Reset and Blow On the Cartridge –No Coverage for Sony Based on Hackers’ Actions

The recent cyber attack against Target stands as one of the largest and most public cyber attacks in history. Prior to December 2013, that unfortunate distinction may have belonged to Sony which, in 2

Highest State Court in Wisconsin Upholds Asbestos Exclusion

In this matter, plaintiffs purchased a building from seller-defendants who failed to disclose the building’s heating ducts likely contained asbestos.  The plaintiffs eventually lost the buil

Hold the Salt – Mine Claim Collapses Over Failure to Provide Notice

The plaintiff-insured, Lyons Salt Company, is a Kansas corporation that owns and operates a massive salt mine in Lyons, Kansas. B.S.C. Holding, Inc. is the sole shareholder of Lyons Salt. The def

Hazardous Environmental Contamination in Texas, and No Insurance Coverage

Arrowood Indemnity Co. v. The Lubrizol Corporation, et. al.,  United States District Court for the Northern District of Ohio Eastern Division, March 30, 2013 The defendant, The Lubrizol Corporati

How to Protect Yourself After You Leave a Board

By Priya Cherian Huskins of Woodruff-Sawyer & Co. What steps should you take when leaving a board to ensure that you remain protected? I get this question a lot, and it makes sense: most dir

Hawaii Supreme Court Carries on Trend Finding Title Insurer Liable in Bad Faith for Unreasonably Pursuing Litigation

By Alan Jampol, Esq. of Jampol Zimet LLP  In 1975, a California appellate court delivered a nasty shock to the title insurance industry in California and elsewhere by reminding title insurers, w

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