Insurance Update - April 2020

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In our April 2020 Insurance Update we begin with a recap of some of the COVID-19 business interruption claims filed against insurers....

There were some important decisions over the past month from state high courts. Decisions from Maryland and California provide some rules on allocation, while the Texas Supreme Court considers whether the absence of a “groundless, false, or fraudulent” clause creates an exception to the “eight corners” rule.

Federal Circuit Courts have also been busy addressing coverage for malicious prosecution and negligent misrepresentation, and whether the Liability Risk Retention Act preempts a state anti-arbitration statute.

An Illinois appellate court also considers whether an insurer must provide a defense in a privacy suit involving the disclosure of biometric data without consent.

We conclude with a few updates on cases that we reported on previously and include some other quick notes.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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