Articles: 1-10 of 456
Insurer Can’t Flush Away Its Duty to Defend
USA - January 5 2023 In a recent opinion, the Northern District Court of Illinois reaffirmed the bedrock principle that an insurer’s duty to defend is broad and triggered…
Ohio Supreme Court Launches COVID-19 Holdings into Cyberspace; Denies Coverage for Physical Loss or Damage to Computer Software
USA - January 4 2023 Last week, the Ohio Supreme Court ruled in EMOI Services, L.L.C. V. Owners Ins. Co., 2022 WL 17905839 (Ohio, Dec. 27, 2022), that a policyholder did…
Court: “Literal” Reading Of Insurance Statute Is “Poppycock”
USA - December 28 2022 The Fourth Circuit recently held that a “literal” interpretation of a North Carolina insurance law was “poppycock.” Whitmire v. S. Farm Bureau Life…
Without Reservations: Fourth Circuit Affirms That Vague Reservation of Rights Waived Insurers’ Coverage Arguments
USA - December 20 2022 The Fourth Circuit recently affirmed insurance coverage for a South Carolina policyholder based on the “axiomatic principle” that an insurer which…
Policy Renewals: Has Your Insurer Been Naughty or Nice?
USA - December 8 2022 A review of insurance policies at renewal should be on every business’s annual task list—and it should be checked twice! Just as your business grows…
Court Holds that Design and Manufacture of Allegedly Injurious Product is Only One Occurrence, In Win for Policyholders
USA - December 6 2022 On November 23, 2022, a federal court in Minnesota highlighted the importance of strategically approaching product liability claims, both in terms of…
Unanimous California Supreme Court Affirms Breadth of Policy-Interpretation Rules in Confirming That CGL Policies Cover TCPA Liabilities
USA - November 29 2022 In Yahoo, Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA., the California Supreme Court confirmed that contra proferentem and other…
California Court Forces Insurer to Play Ball in COVID-19 Insurance Coverage Suit
USA - November 21 2022 One of the threshold issues in COVID-19 insurance coverage cases that have been brought across the country is whether the policyholder’s allegations…
New York Court Holds Insurer Can Recoup Defense Costs, Appealable Conviction of Former Bank CEO Is “Final” Adjudication of D&O Claim
USA - October 31 2022 A New York federal court recently held that an insurance company was entitled to recoup legal fees paid under a directors and officers liability…
Digital Asset Insurance Coverage Series, Part 7: Insurance for NFTs
USA - October 25 2022 As we have discussed in prior parts of this series, the insurance industry has developed an array of policies specifically tailored to cover…
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