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
Exception to Mold Exclusion Requires Defense of Suit Alleging Injuries From Moldy Water -
Why it matters: An exclusion for "Fungi or Bacteria" did not prevent a federal court judge in Tennessee from ordering an insurer...more
9/10/2015
/ Ambiguous ,
Breach of Duty ,
Choice-of-Law ,
Claims Made Policy ,
Commercial General Liability Policies ,
Duty to Defend ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Insureds ,
Mold Litigation ,
Notice Requirements ,
Policy Exclusions ,
Reservation of Rights
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
New York Federal Court Rejects Insurer’s Request for Recoupment -
Why it matters: The federal court, applying New York law, held that an energy drink manufacturer’s advertising coverage claim—arising from underlying...more
3/13/2015
/ Advertising Injury ,
Architects ,
Asbestos Litigation ,
Class Action ,
Copyright ,
Copyright Infringement ,
Duty to Defend ,
Food Manufacturers ,
Illegal Drugs ,
Insurance Industry ,
Late Notices ,
Recoupment ,
Reservation of Rights
Insured v. Insured Exclusion Ambiguous When Applied to FDIC, 11th Circuit Rules -
Why it matters:
In the continuing split among courts considering insured v. insured exclusions, the Eleventh U.S. Circuit Court...more
1/14/2015
/ Appeals ,
Banks ,
Class Action ,
Counterclaims ,
D&O Insurance ,
Duty to Cooperate ,
Duty to Defend ,
Excessive Fees ,
FDIC ,
Litigation Fees & Costs ,
Policy Exclusions ,
Reservation of Rights ,
US Bank
D&Os Entitled to Unfettered Access to Bankrupt Company’s Policy Proceeds to Fund Defense Costs:
Why it matters -
In an important victory for directors and officers of a bankrupt company, a New York court...more
9/26/2014
/ Bad Faith ,
Commercial Bankruptcy ,
Commercial General Liability Policies ,
Corporate Officers ,
D&O Insurance ,
Directors ,
Excess Policies ,
Litigation Fees & Costs ,
Reservation of Rights ,
Securities Litigation ,
TCPA
Policyholder Entitled to Select Counsel, Even Where Insurer Withdrew Reservation of Rights -
Why it matters:
An insured dissatisfied with counsel selected by its insurer was entitled to select counsel of its...more