News & Analysis as of

Breach of Contract › Declaratory Judgments › Denial of Insurance Coverage

Farrell Fritz, P.C.

Free Rein Venue Choices? Not So Fast Says the Commercial Division

Farrell Fritz, P.C. on

The principles of jurisdiction and venue are paramount when determining not only where a proceeding will be conducted, but also which particular laws will govern the proceeding. ...more

Carlton Fields

A Case of Mass Listeria: Insurer’s Duty to Defend in New Jersey Contaminated Pizza Crusts Suit

Carlton Fields on

Last week, in Conte’s Pasta Co. v. Republic Franklin Insurance Co., a New Jersey federal court ruled that Republic Franklin Insurance Co. was obligated to indemnify Conte’s Pasta for the costs incurred defending against a...more

Hinshaw & Culbertson - Insights for Insurers

Wisconsin and Minnesota Businesses Seek Coverage for COVID-19 Business Interruption Losses in State and Federal Class Actions

Hinshaw & Culbertson - Insights for Insurers on

Over the last week, pandemic-related insurance lawsuits have continued to be filed nationwide. Several new notable class action filings were recently submitted in Wisconsin state and federal courts that seek business...more

Hinshaw & Culbertson - Insights for Insurers

Chicago-Area Restaurants Seek Insurance Coverage for COVID-19 Business Interruption Losses in Illinois Federal Court

Hinshaw & Culbertson - Insights for Insurers on

Restaurants are among the leading wave of business owners filing COVID-19-related business interruption coverage actions. Illinois is now the venue of one such suit...more

Cozen O'Connor

New York Ruling Could Significantly Impact Disclosure of Communications Between Insurer and Counsel

Cozen O'Connor on

A recent decision from one of New York’s trial courts of general jurisdiction could have a chilling effect on written communications between an insurer and its retained counsel during a claim investigation.  In Otsuka...more

Carlton Fields

New York Supreme Court Holds Documents Created By Counsel During Claims Handling Were Not Privileged

Carlton Fields on

Pharmavite LLC filed a statement of loss under a policy issued by Crum & Forster Specialty Insurance Co. Crum & Forster disclaimed coverage, and Pharmavite commenced an action for breach of contract and declaratory judgment....more

Farrell Fritz, P.C.

“Unnecessary and Inappropriate”: The declaration no one wanted

Farrell Fritz, P.C. on

Your client wants to recover damages for breach of contract and demands that you assert as many causes of action as possible. In addition to the breach cause of action, you consider a declaratory judgment claim, right? ...more

Goulston & Storrs PC

Eleventh Circuit Finds No Coverage for Contempt Proceedings under Lloyd's Professional Liability Insurance Policy

Goulston & Storrs PC on

In Jones, Foster, Johnston & Stubbs, P.A. v. Prosight-Syndicate 1110 at Lloyd’s, United States No. 15-12399, 2017 WL 586450 (11th Cir., February 14, 2017) the insured law firm sought to recover legal fees and costs incurred...more

K&L Gates LLP

New York Rescission Law Strikes Again: Lessons Learned From the Voiding of Heinz’s Product Contamination Insurance Policy

K&L Gates LLP on

An increasingly popular tool in the insurer’s toolset is attempted rescission of the policy. This tool is particularly sharp if the law applicable to the construction of the policy is that of New York. Earlier this week, the...more

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