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Excess policy didn't follow form to primary's claims-made-and-reported requirement, so insured's failure to provide notice during policy period was no defense to coverage

USA - July 30 2015 Read your policies carefully: A "follow form" excess policy may not actually follow form in some surprising and significant ways. The insureds in…

Amy B. Briggs, Donna M. Carlton, David B. Killalea, Stephen T. Raptis, Robert H. Shulman.

Hang tags are an advertisement, coverage required for copyright suit

USA - November 4 2015 Do hang tags on clothing forming the basis of a trademark and copyright infringement lawsuit constitute an advertising injury? A federal court in…

Amy B. Briggs, Donna M. Carlton, David B. Killalea, Stephen T. Raptis, Robert H. Shulman.

Texas or New York? With Texas law applying, court says late notice does not preclude coverage

USA - July 2 2015 In a unique conflict between a Texas statute and a New York choice-of-law provision contained in an insurance policy, a Texas bankruptcy judge…

Amy B. Briggs, Donna M. Carlton, David B. Killalea, Stephen T. Raptis, Robert H. Shulman.

In the context of a bad faith claim, insurer’s defense that coverage denial was reasonable put at issue otherwise protected attorney-client and work product communications

USA - July 2 2015 Recognizing the “conflicting policy concerns,” a federal court judge in South Carolina nevertheless ruled that an insurer affirmatively waived both…

Amy B. Briggs, Donna M. Carlton, David B. Killalea, Stephen T. Raptis, Robert H. Shulman.

Recent lawsuit underscores critical lessons for purchasers of cyber insurance

USA - May 20 2015 Columbia Casualty Company v. Cottage Health Systems was filed on May 7, 2015, in the Central District of California. Cottage Health is one of the…

Amy B. Briggs, Donna M. Carlton, David B. Killalea, Stephen T. Raptis, Robert H. Shulman.