Abby Sher

Abby Sher

Cozen O'Connor

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Third Circuit Holds Insurer’s Interpretation of Employer’s Liability Exclusion is Fairly Debatable

A recent 3rd Circuit decision, ArcelorMittal Plate, LLC v. Joulé Technical Services, Inc., 558 Fed.Appx. 205 (3d Cir. 2014) reiterates that under New Jersey law, an insurer does not act in bad faith when denying a claim that...more

8/6/2014 - Bad Faith Bodily Injury Breach of Contract Commercial General Liability Policies Insurers Liability Insurance Policy Exclusions

Pennsylvania Supreme Court Notes Limited Reach of Multiple Trigger Rule in Insolvency Case

On July 21, 2014, the Pennsylvania Supreme Court held, as a matter of first impression, that the Continuance of Coverage Provision of the Pennsylvania insurance insolvency statute, 40 P.S. § 221.21, precludes coverage for all...more

8/5/2014 - Indemnification Insurers Liability Insurance Liquidation Multiple Trigger Service Contracts

The Impact of Halliburton on Directors and Officers Insurance

Over the past year, directors and officers have been anticipating the Supreme Court’s ruling in Halliburton Co. et al. v. Erica John Fund, Inc., No. 13-317. In its recent 9-0 decision, the Supreme Court retained the...more

7/10/2014 - Basic v Levinson Class Certification D&O Insurance Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund Presumption of Reliance SCOTUS Securities Fraud

Pennsylvania District Court Considers Bad Faith Set-up as Affirmative Defense

As a matter of first impression under Pennsylvania law, the court in Shannon v. New York Central Mutual Insurance Company, No. 13-cv-1432 (M.D. Pa. Nov. 20, 2013) denied a motion to strike an insurer’s defense of “bad faith...more

12/17/2013 - Affirmative Defenses Bad Faith Duty to Settle Insurers

Sexual Misconduct “During” Law Enforcement Activities Does Not “Arise Out of” Law Enforcement Activities

In a recent case before the U.S. District Court for the Central District of Illinois, the court held that jail employees were not entitled to coverage for sexual molestation of an inmate under the law enforcement coverage...more

6/20/2013 - Inmates Insurers Liability Insurance Prison Guards Sexual Abuse

Second Circuit Restricts Zeig to First-Party Context, Requiring Actual Payment of Underlying Limits

The U.S. Court of Appeals for the 2nd Circuit recently eliminated the foundation for policyholders’ arguments in favor of “functional exhaustion.” In Ali v. Federal Insurance Co., No. 11-5000-cv (2d Cir. June 4, 2013), the...more

6/14/2013 - Excess Policies Functional Exhaustion Insurers Policy Limits

Connecticut Court Confronts Duty to Investigate

In Capstone Building Corp. v. American Motorists Ins. Co., 2013 Conn. LEXIS 187 (Conn. June 11, 2013), the Supreme Court of Connecticut declined to recognize a cause of action for an insurer’s alleged bad faith conduct in...more

6/13/2013 - Bad Faith Commercial General Liability Policies Duty to Investigate Occurrence

No Bad Faith Recovery Based on Insurer’s Investigation of Claims Under Connecticut Law

On certification from the U.S. District Court for the Northern District of Alabama, the Supreme Court of Connecticut recently issued an opinion holding that an insurer’s bad faith conduct in the investigation of a third-party...more

6/12/2013 - Bad Faith Breach of Contract Indemnification Insurers Investigations Third-Party Liability Unfair Trade Practices Act

Seventh Circuit Decision in Koransky Bouwer Enforces Professional Liability Reporting Requirements

Earlier this month, the 7th Circuit affirmed a district court order that held an insurer properly denied coverage to the insured law firm based on its failure to comply with the reporting requirements under its claims-made...more

4/24/2013 - Contract Renewal Duty to Defend Notice Requirements Professional Liability Rescission

Check the White Pages for Personal Information: Massachusetts Decision Highlights the Expansion of Consumer Privacy Litigation

Last week, in Tyler v. Michaels Stores, Inc., the Supreme Judicial Court of Massachusetts responded to certified questions presented by the district court and interpreted a Massachusetts statute to reflect the state’s...more

3/26/2013 - Class Action Credit Cards Identity Fraud Personally Identifiable Information Privacy Laws ZIP Codes

Is Honesty Always the Best Policy? Illinois Appellate Court Holds Attorney’s Ethical Obligations Trump Professional Liability...

In a case of first impression, the Illinois Appellate Court considered whether a professional liability insurer can deny a defense to its insured, an attorney who admits he erred in providing legal services. Ill. State Bar...more

2/7/2013 - Appeals Attorney Malpractice Estate Planning Ethics Professional Liability

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