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14 results found

Article

Manatt Phelps & Phillips LLP | USA | 12 May 2016

Court Orders Coverage Where Breach Merely Alleged

Narrowly interpreting a policy's breach of contract exclusion, a federal court judge in California ruled that the exclusion applied only to actual

Article

Manatt Phelps & Phillips LLP | USA | 12 May 2016

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

A letter stating that a government entity "may" bring an enforcement action against the policyholder if it did not "voluntarily" cease specified

Article

Manatt Phelps & Phillips LLP | USA | 12 Aug 2015

Split decision in Illinois finds coverage for officials, but not for city

In a decision involving coverage for a lawsuit against a city and two city officials, a federal court in Illinois ordered an insurer to provide

Article

Manatt Phelps & Phillips LLP | USA | 15 Jul 2015

Question of related claims survives motion to dismiss

A California federal court denied an insurer's motion to dismiss that was asserting that it had no duty to defend an underlying lawsuit because it

Article

Manatt Phelps & Phillips LLP | USA | 2 Jul 2015

Coverage for false ad suit precluded by breach of contract exclusion

A breach of contract policy exclusion precludes coverage for a cross-claim against a policyholder alleging fraud and breach of contract, according to

Article

Manatt Phelps & Phillips LLP | USA | 5 Dec 2014

Payment of policy maximum doesn’t preclude breach of contract recovery

An insured may be able to recover under a breach of contract theory even though the insurer paid out the policy maximum to cover a settlement in the

Article

Manatt Phelps & Phillips LLP | USA | 5 Nov 2014

Payment of costs doesn’t preclude unfair trade practices claim against insurer

In a significant victory for policyholders, Massachusetts’ highest court ruled that an insured had a valid unfair trade practices claim against an

Article

Manatt Phelps & Phillips LLP | USA | 15 Aug 2014

Excess insurer not entitled to new trial in case where it sought to veto reasonable settlement

Policyholders too often are faced with the perilous scenario of having their insurers refuse to agree to reasonable settlements of underlying claims

Article

Manatt Phelps & Phillips LLP | USA | 4 Jun 2014

Goal! Antitrust exemption argument doesn’t score with judge in Major League Soccer coverage dispute

Major League Soccer (MLS) scored on its insurer recently, when a New York judge ruled that an antitrust exemption in the league's policy did not

Article

Manatt Phelps & Phillips LLP | USA | 18 Feb 2014

New York suit against insurer lacked separate facts to carry breach of contract, breach of good faith claims

Providing an important - but painful - lesson for policyholders in how to properly frame claims against carriers, a New York federal court ruled that

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