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California Appeals Court Says No Duty to Defend Where Policy Exclusion Applies

In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work performed by subcontractors under...more

Under Pressure: Primary Insurer Must Reimburse Excess Insurer after Failing to Settle Case in Texas

As the Fifth Circuit reminded us in a December 21 decision, primary insurers can find themselves in excess insurers’ shoes if they reject settlement demands within their policy limits. In American Guaranty & Liability...more

One Day, Two Different Decisions: Mississippi and Texas Federal Courts Issue Opinions in COVID-19 Insurance Cases

Confirming the growing split of decisions among federal courts addressing COVID-19 insurance issues, two district courts in the Fifth Circuit differed in their interpretation of virus exclusions, with one denying coverage and...more

Significant Result for Policyholders in COVID-19 Coverage Litigation

Judge Stephen Bough and the federal court in the Western District of Missouri entered an important order yesterday in a case brought by Studio 417, a hair salon, and several restaurants against Cincinnati Insurance Company....more

Court Denies Efforts to Consolidate COVID-19 Suits

The Panel on Multidistrict Litigation has rejected efforts to centralize pretrial proceedings in actions in Pennsylvania and Illinois seeking insurance coverage for business interruption losses resulting from COVID-19. The...more

The New Coronavirus and Your Business Insurance Coverage: Steps to Take Now

With developing news of the new coronavirus and its impact on worldwide business operations, here’s a quick reminder to those professionals in charge of risk management for their company. This health emergency will have...more

Cyber Insurance: Court’s Recent Decisions May Change What Your Policy Covers

Cyber incidents can take many forms—phishing, insider theft, SQL injection, malware, denial of service, session hijacking, credential farming, or just old fashion “hacking.” Although many of these attack vectors employ...more

Coverage for Cannabis? How Cannabis’s Legal Limbo Affects Property Insurance Policies

A recent federal court of appeals’ decision raises interesting questions for all policyholders, particularly commercial and residential landlords with tenants that grow, possess, and/or distribute cannabis, even where it is...more

Federal Court Enters Powerful Duty to Defend Order in Maine

In addition to being a great place to find lobster, Maine may also be one of the country’s best jurisdictions for a policyholder seeking defense from its commercial general liability carrier. In Zurich American Ins. Co. v....more

Hanging Around: Fourth Circuit Confirms the Coverage for Data Breach Can Still Be Found in Traditional Liability Policies

With today’s increased focus on data breaches and related cyber liability exposure, the insurance market continues to develop policies tailored to this unique risk. Insurers are also excluding cyber risks in many traditional...more

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