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Subpoena Defense Cost Ruling Gets Insurance Law Wrong

USA - October 14 2021 On Sept. 14, the U.S. District Court for the District of Connecticut decided Connecticut Municipal Electric Energy Cooperative v. National Union Fire…

Geoffrey B. Fehling, Joseph T. Niczky

New York Federal Court Ignores Policy’s Uniquely Broad Wording in Favor of Following the Herd

USA - May 19 2021 The Northern District of New York recently awarded summary judgment to insurer Affiliated Factory Mutual Insurance Co. against Mohawk Gaming…

Geoffrey B. Fehling, William P. Sowers Jr

Insurer Must Bare All and Defend Strip Club Against Infringement Claims

USA - May 11 2021 In September, we discussed a Florida district court’s finding that an insurer must defend a Miami strip club in a lawsuit filed by 17 models who…

Casey L. Coffey, Geoffrey B. Fehling

Allegations That COVID-19 Was Physically Present and Altered Property are Sufficient to Sustain COVID-19 Business Interruption Suit

USA - May 6 2021 On Wednesday, a federal judge in Texas denied Factory Mutual’s Rule 12(c) motion for judgment on the pleadings, finding that the plaintiffs…

Joseph T. Niczky

Factory Mutual’s “Contamination” Exclusion Is Ambiguous; May Not Limit Coverage For COVID-19 Business Interruption Loss

USA - April 2 2021 On Wednesday, a federal judge in New York denied FM’s Rule 12(c) motion for judgment on the pleadings after finding the Contamination Exclusion in…