AG's Letter a Prior "Demand," Eliminates Exec's Defense -
Why it matters -
A letter stating that a government entity "may" bring an enforcement action against the policyholder if it did not "voluntarily" cease...more
Despite Finding Policy Application Misrepresentation, Jury Rules Against Policy Rescission -
Why it matters: A federal jury concluded that Starr Surplus Lines Insurance Company did not have a valid basis to rescind the...more
1/23/2016
/ Bad Faith ,
Breach of Contract ,
Breach of Duty ,
Competition ,
Covenant of Good Faith and Fair Dealing ,
Duty to Defend ,
Excess Policies ,
Fraud ,
Insurance Litigation ,
Misrepresentation ,
Professional Liability ,
Rescission ,
Right to Privacy ,
TCPA ,
Uber
Despite Prior Suits, Policyholder Entitled to Coverage for DOJ Investigation -
Why it matters: A policyholder was entitled to coverage for a Department of Justice (DOJ) investigation despite already facing possibly...more
11/5/2015
/ Advertising Injury ,
Applications ,
Breach of Contract ,
Breach of Duty ,
Commercial General Liability Policies ,
Construction Defects ,
Copyright ,
Copyright Infringement ,
Covenant of Good Faith and Fair Dealing ,
Cross Motions ,
D&O Insurance ,
Denial of Insurance Coverage ,
Department of Justice (DOJ) ,
Discovery ,
Duty to Defend ,
Food Recalls ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Heinz ,
Injunctive Relief ,
Insurance Litigation ,
Motion for Reconsideration ,
Motion for Summary Judgment ,
Omissions ,
Policy Exclusions ,
Policy Limits ,
Qui Tam ,
Right to Control ,
Trademark Infringement ,
Travelers ,
Treble Damages ,
Unfair Competition
Unfair Trade Practices Exclusion Doesn't Cover Consumer Protection Suits -
Why it matters: An unfair trade practices clause did not bar coverage for a policyholder's subsidiary, an Illinois federal court ruled, ordering...more
10/9/2015
/ Anticompetitive Behavior ,
Bad Faith ,
Bargaining Power ,
Breach of Contract ,
Class Action ,
Commercial Insurance Policies ,
Conflicts of Interest ,
Consumer Fraud ,
Cumis Counsel ,
Duty to Defend ,
False Claims Act (FCA) ,
Fraud ,
Insurance Industry ,
Insurance Litigation ,
Insureds ,
Legal Ethics ,
Negligent Misrepresentation ,
NV Supreme Court ,
Policy Exclusions ,
Reservation of Rights ,
Subsidiaries ,
The Clayton Act ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules -
Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more
8/14/2015
/ Apparent Authority ,
Auto Insurance ,
Bad Faith ,
Breach of Contract ,
Car Accident ,
Carbon Emissions ,
Civil Conspiracy ,
Class Action ,
Cyber Insurance ,
Data Breach ,
Duty to Defend ,
Fraud ,
Insurance Industry ,
Insureds ,
Mediation ,
Notice Requirements ,
Nuclear Waste ,
Patient Privacy Rights ,
Policy Exclusions ,
Public Officials ,
Reservation of Rights ,
Settlement ,
Workplace Injury
California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim -
Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more
7/16/2015
/ Appeals ,
Bad Faith ,
Breach of Contract ,
CERCLA ,
Commercial General Liability Policies ,
Counterclaims ,
D&O Insurance ,
Declaratory Relief ,
Duty to Defend ,
Duty to Settle ,
Environmental Protection Agency (EPA) ,
Homeowner's Insurance ,
Homeowners Association (HOA) ,
Insurance Industry ,
Insurance Litigation ,
Insureds ,
Motion to Dismiss ,
Policy Exclusions ,
Policy Limits ,
Potentially Responsible Party (PRP) ,
Scope of Coverage ,
Scope of the Claim ,
Summary Judgment ,
TX Supreme Court
In the Context of a Bad Faith Claim, Insurer’s Defense That Coverage Denial Was Reasonable Put at Issue Otherwise Protected Attorney-Client and Work Product Communications -
Why it matters: Recognizing the “conflicting...more
7/3/2015
/ Attorney-Client Privilege ,
Bad Faith ,
Breach of Contract ,
Choice-of-Law ,
Commercial Bankruptcy ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Cross-Claims ,
Discovery ,
Due Diligence ,
False Advertising ,
Insurance Litigation ,
Misrepresentation ,
Motion for Reconsideration ,
Notice Requirements ,
Policy Exclusions ,
Summary Judgment ,
Work-Product Doctrine
Texas Appeals Court Upholds $8.7M Verdict for Policyholder Against Broker -
Why it matters:
An appeals court in Texas upheld an $8.7 million jury verdict against a broker that procured coverage with significant...more
12/8/2014
/ Appeals ,
Attorney's Fees ,
Breach of Contract ,
Duty to Defend ,
Flooding ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Recalls ,
Food Safety ,
Injunctive Relief ,
Insurance Brokers ,
Jury Awards ,
Jury Verdicts ,
Property Damage ,
Risk Assessment