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No Duty to Defend When Demand Letter Received Prior to Policy Period

The Court of Appeals of Arkansas, applying Arkansas law, has affirmed a trial court’s decision that an insurer had no duty to defend where the insured received a demand letter constituting a claim under the policy prior to...more

Duty to Defend Where Complaint Contains Potentially Covered Allegations

The United States District Court for the Southern District of Florida, applying Florida law, has determined that two lawyers professional liability insurers had a duty to defend where the underlying complaint included at...more

No Allocation for Defense Costs Incurred in Lawsuit Comprised of Covered and Uncovered “Claims”

The U.S. District Court for the Northern District of California, applying California law, has held that, under a duty to defend policy, an insurer was required to pay defense costs incurred in a lawsuit where the lawsuit...more

Insurer Waived Right to Assert Policy Exclusion First Raised in Answer to Declaratory Judgment Complaint

The U.S. District Court for the Southern District of New York, applying New York law, has concluded that an insurer waived the right to assert a policy exclusion as a coverage defense in a declaratory judgment action after...more

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