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Articles

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Validity of "No Voluntary Payments" Provisions Upheld in Colorado

USA - May 12 2016 In a blow to policyholders, the Colorado Supreme Court determined that an insured could not be indemnified for a settlement agreement reached without...

Christine Spinella Davis, Amy B. Briggs, Stephen T. Raptis, Robert H. Shulman.

AG's Letter a Prior "Demand," Eliminates Exec's Defense

USA - May 12 2016 A letter stating that a government entity "may" bring an enforcement action against the policyholder if it did not "voluntarily" cease specified...

Christine Spinella Davis, Amy B. Briggs, Stephen T. Raptis, Robert H. Shulman.

Court Orders Coverage Where Breach Merely Alleged

USA - May 12 2016 Narrowly interpreting a policy's breach of contract exclusion, a federal court judge in California ruled that the exclusion applied only to actual...

Christine Spinella Davis, Amy B. Briggs, Stephen T. Raptis, Robert H. Shulman.

Distinguishing Claims Made Policies, New Jersey Supreme Court Says Insurer Not Required to Show Prejudice for Late Notice

USA - March 18 2016 In a recent loss for policyholders, the New Jersey Supreme Court has declared that an insurer is not required to demonstrate prejudice to deny...

Christine Spinella Davis, Amy B. Briggs, Stephen T. Raptis, Robert H. Shulman.

Insurer Must Provide Defense for Farms Accused of Spraying Pesticide on Neighbor

USA - March 18 2016 Rejecting an insurer's arguments that multiple exclusions operated to preclude coverage, a Florida federal court judge ruled that two farms are...

Christine Spinella Davis, Amy B. Briggs, Stephen T. Raptis, Robert H. Shulman.