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If an insurance company denies coverage for state court class action litigation and wants the right to litigate the coverage issues in federal court rather than state court, the insurance company should consider filing a declaratory judgment action in federal court before approval of a class settlement or risk losing the right to litigate the issues in federal court
After three decades of litigation, essentially two lines of decisions have emerged addressing whether insurance policies that cover “advertising injury” provide coverage for antitrust actions
