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Texas Supreme Court Hears Argument on Whether to Adopt Exception to Eight-Corner Rule

At oral argument in the case of State Farm Lloyds v. Janet Richards,[1] the Texas Supreme Court heard from both sides on whether or not Texas courts should recognize a policy-language based exception

NY Appellate Court Confirms an Absence of Negligence is no Roadblock to AI Coverage

New YorkaEUR(TM)s Appellate Division, First Department, handed insurers a lump of coal this holiday season, unanimously holding that a contractoraEUR(TM)s insurance company (Insurer) owed a property o

NY Appellate Court Confirms an Absence of Negligence is no Roadblock to AI Coverage

New YorkaEUR(TM)s Appellate Division, First Department, handed insurers a lump of coal this holiday season, unanimously holding that a contractoraEUR(TM)s insurance company (Insurer) owed a property

Failure to Issue a Reservation of Rights, and to Address an Insured’s Affirmative Defenses in a Coverage Dispute, May Preclude Denial of an Otherwise Excluded Claim

A recent Florida state court opinion emphasizes the importance of an insureraEUR(TM)s obligations in the event of a liability claim against an insured and a subsequent coverage dispute with that insur

Failure to Issue a Reservation of Rights, and to Address an Insured’s Affirmative Defenses in a Coverage Dispute, May Preclude Denial of an Otherwise Excluded Claim

A recent Florida state court opinion emphasizes the importance of an insureraEUR(TM)s obligations in the event of a liability claim against an insured and a subsequent coverage dispute with that insu

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

Insurers Be Ready: New Jersey’s Two-Year Window Reviving Time-Barred Sex Abuse Suits is Open

On December 1, 2019, the two-year look-back period created by New Jersey Senate Measure S477 went into effect, reviving claims of sexual abuse that would otherwise be barred under the statute of limit

Insurers Be Ready: New Jersey’s Two-Year Window Reviving Time-Barred Sex Abuse Suits is Open

On December 1, 2019, the two-year look-back period created by New Jersey Senate Measure S477 went into effect, reviving claims of sexual abuse that would otherwise be barred under the statute of limi

Venue Matters: Evaluating the Applicable Standard for Bad Faith Claims in New York

The insurance market has a strong interest in minimizing extra-contractual claims against it. These issues are often decided summarily at the pre-answer motion to dismiss stage or after discovery on s

Venue Matters: Evaluating the Applicable Standard for Bad Faith Claims in New York

The insurance market has a strong interest in minimizing extra-contractual claims against it. These issues are often decided summarily at the pre-answer motion to dismiss stage or after discovery on

Part 4: Privacy Policy Requirements Under the CCPA

This is our fourth blog post in a multi-part series addressing what insurers need to know about the California Consumer Privacy Act (CCPA). This post focuses on a businessaEUR(TM) obligations when it

Part 4: Privacy Policy Requirements Under the CCPA

This is our fourth blog post in a multi-part series addressing what insurers need to know about the California Consumer Privacy Act (CCPA). This post focuses on a businessaEUR(TM) obligations when it

Florida Court Requires Plaintiff to Plead More Facts About a Cause of Loss

The U.S. District Court for the Middle District of Florida dismissed a property insurance case after holding that ambiguous, non-specific pleading of a cause of loss is not enough. Causation is often

Illinois: Latest State to Declare Malicious Prosecution Claims Only Trigger Coverage in Effect During Arrest

In this era of sophisticated DNA testing, exonerations of incarcerated individuals have become increasingly commonplace. The ensuing malicious prosecution lawsuits have justifiably resulted in high v

Illinois: Latest State to Declare Malicious Prosecution Claims Only Trigger Coverage in Effect During Arrest

In this era of sophisticated DNA testing, exonerations of incarcerated individuals have become increasingly commonplace. The ensuing malicious prosecution lawsuits have justifiably resulted in high v

Florida Bridge Collapse Resolution Offers Workaround for Multiple Claimant Scenarios

A recent bankruptcy plan filed by Munilla Construction Management (MCM)aEUR"the general contractor for the failed pedestrian bridge at Florida International University (FIU)aEUR"paves the way f

Florida Bridge Collapse Resolution Offers Workaround for Multiple Claimant Scenarios

A recent bankruptcy plan filed by Munilla Construction Management (MCM)aEUR"the general contractor for the failed pedestrian bridge at Florida International University (FIU)aEUR"paves the way f

The Pollution Exclusion Can Bar Coverage for Alleged Carbon Monoxide Poisoning Claims

In Foremost Ins. Co. v. Rodriguez, a Pennsylvania federal district denied a motion to dismiss a declaratory judgment lawsuit filed by a liability insurer that sought to disclaim coverage for an under

Consent Judgments are not Excess Judgments: The Eleventh Circuit Emphasizes the Excess Judgment Rule in Context of Bad Faith

As a general rule, Florida law imposes a duty of good faith on insurers to defend claims against insureds and to settle those claims where a reasonably prudent person, faced with the prospect of payi

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