Communications & Media Insurance Civil Procedure

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Illinois Court Holds Federal Case Law Relevant In Choice of Law Analysis

In its recent decision in G.M. Sign v. Pennswood Partners, 2014 Ill. App. LEXIS 188 (2nd Dist. Mar. 24, 2014), the Appellate Court of Illinois for the Second District had occasion to consider whether to engage in a choice of...more

Redbox Covers the Nation with Red Box DVD Rental Units, But its CGL Policy Doesn’t Cover Redbox

Companies facing liability for possible violations of privacy protection statutes are continuing to look to their traditional commercial general liability policies (“CGL”) for coverage. But, as Redbox recently discovered,...more

Social Media — The Possibilities Are Endless!

Facebook. Instagram. YouTube. Twitter. LinkedIn. SnapChat. Flickr. Google+. Tumblr. WeChat. MySpace. WhatsApp. Reddit. The list of social media and networking sites goes on and on. It’s fairly common knowledge...more

Court Refuses Discovery Of Communications With Reinsurers Because Policy Term Was Not Ambiguous

Reinsurance communications were held not discoverable in a commercial coverage dispute. By way of background, PBM Products, LLC sued its competitors, Mead Johnson Nutrition Company and Mead Johnson & Company, for allegedly...more

ENT surgeons cut into each other – Common law qualified privilege in defamation

The New South Wales Court of Appeal in Prince v Malouf [2014] NSWCA 12 has recently overturned a District Court award of damages. The two parties, Dr Prince and Dr Malouf, were ear, nose and throat surgeons who, in...more

It’s All in the Delivery – Proper Renewal Saves Millions

In Windmill Nursing Pavilion Ltd. v. Cincinnati Ins. Co., (No. 1-12-2431), the Illinois Court of Appeals concluded that under Ohio law, Cincinnati Insurance Company (“Cincinnati”) provided sufficient notice to its insured,...more

Illinois Court Holds Junk Fax Claim Not Within Products Coverage

In its recent decision in Windmill Nursing Pavilion v. Cincinnati Ins. Co., 2013 IL. App. (1st) 122431, the Appellate Court of Illinois, First District, had occasion to consider the scope of products-completed operations...more

Policyholders Fight To Preserve Precedent

In a case pending before the state Supreme Court, Hartford Casualty Ins. Co. v. Swift Distribution Inc., S207172, it seems the entire insurance industry has lined up in an effort to convince the high court that the rules...more

TCPA Connect -- Nov 13, 2013

Consent Too Varied to Certify TCPA Class, Court Rules - Hilton Worldwide Inc. scored a victory in California federal court when a judge declined to certify a class of millions of consumers in a TCPA suit. The...more

Eleventh Circuit Affirms Dismissal of Claim against Insurer for Indemnification or a Defense for a Privacy Claim under a...

On October 22, 2013, in The Zodiac Group, Inc. v. Axis Surplus Insurance Co., the United States Court of Appeals for the Eleventh Circuit affirmed the district court’s dismissal of The Zodiac Group’s (Zodiac’s) claim against...more

TCPA Class Action Settlements in Illinois—the Dispute Between Client and Insurer Rages On

On October 31, 2013, the Northern District of Illinois forced two insurers to cover a $6 million settlement of a TCPA class action despite claims that their insured, M&M Retail Center, Inc., settled for an inflated amount it...more

TCPA Connect -- Oct 16, 2013

It's TCPA Day - It's October 16—"TCPA Day." Today the FCC’s updated Telephone Consumer Protection Act (TCPA) regulations will finally take effect. The new rules pose significant challenges for companies seeking to...more

Not Just Yet, Again…Class Action Plaintiff Fails in Second Bid to Access a TCPA Defendant’s Insurance Coverage

On October 7, 2013, a Missouri federal court judge held that a class action plaintiff that alleged violations of the Telephone Consumer Protection Act (TCPA) lacked standing to seek coverage under the defendant’s insurance...more

Insurers, Beware Of Unnamed 3rd Parties' Hidden Rights

Generally, the language of an insurance policy governs the rights to any proceeds thereunder. However, many courts recognize a number of different theories that may allow third parties not specifically named as insureds in...more

Insurance Recovery Law -- Sep 12, 2013

Summer Ends on a High Note for Policyholders - Summer may be winding down, but the courts are still smiling on policyholders. The three cases discussed in this week’s newsletter present some big wins for...more

California Supreme Court Holds that Insurers May Be Held Liable for Violations of California’s Unfair Competition Law

In Zhang v. Superior Court, __ Cal.3d __ (2013), the California Supreme Court held that Moradi-Shalal v. Fireman’s Fund Ins. Companies (1988) 46 Cal.3d 287 does not preclude insureds from maintaining a claim for violations of...more

Not Just Yet: Class Action Plaintiff Cannot Access Defendant’s Insurance Coverage

On July 10, 2013, the Eastern District of Missouri Federal District Court refused to allow a class action plaintiff to directly access the defendant’s insurance coverage for plaintiff’s Telephone Consumer Protection Act...more

Second Circuit Holds Insurer Has Duty to Defend but Not Indemnify, Due to Legal Uncertainty about Coverage at Time of Tender

The Second Circuit recently held that an insurer owed a duty to defend under the “advertising injury” section of a commercial general liability (CGL) policy because sufficient legal uncertainty about the policy’s definition...more

You’ve Got to Have Class: Assignment of Insurance Coverage Claim for TCPA Class Settlement Does Not Trigger CAFA Jurisdiction

An Illinois federal district court recently remanded an insurance coverage case to state court, ruling that there was no jurisdiction under the Class Action Fairness Act (CAFA) for the simple reason that the plaintiff did not...more

Recent Decisions Regarding Duty to Warn Could Have Impact on Insurance Coverage

When we hear news of developments in the world of torts that could expand areas of potential liability, we naturally think about whether insurance is likely to respond to that liability. One area that has us thinking these...more

Illinois Supreme Court Finds Insurance Coverage for TCPA Claims under Traditional Liability Policies

The Illinois Supreme Court held on May 23, 2013, that claims based on alleged violation of the Telephone Consumer Protection Action (TCPA) are covered under traditional general liability policies. Standard Mut. Ins. Co. v....more

Illinois Supreme Court Holds TCPA Damages Not Punitive

Today the Illinois Supreme Court issued its decision in Standard Mutual v. Lay, 2013 IL 114617 (2013). Locklear brought a class action claim against Lay under the Telephone Consumer Protection Act of 1991 (TCPA), which...more

Illinois Supreme Court Debates the Insurability of TCPA Federal Junk Fax Penalties

Earlier this month, on the final day of arguments for the March term, the Illinois Supreme Court heard oral argument in Standard Mutual Insurance Co. v. Lay. Lay presents the question of whether the penalty imposed by Federal...more

Speaking Of . . . Insurance Coverage - Is There Coverage For Alleged “Disparagement” Of Another Company’s Product? One California...

We previously discussed the troubling issues of: a) whether your company’s insurance policy(ies) actually provides coverage for claims of IP infringement, and b) which of your policies is the one(s) you should be looking to...more

Guidance on Proving Lost Profit Damages Offered By California Supreme Court

Proving lost profits through expert testimony is often key to recovering the full measure of damages in many lawsuits, but the California Supreme Court decision in Sargon Enterprises v. Univ. of Southern California (November...more

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