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Untimely Claims Preclude Attempt to Arbitrate Coverage Dispute

The Court of Appeals of Indiana, applying Indiana law, has held that an arbitration provision in the insured company’s business owners’ policies was inapplicable because the claims at issue were not brought until after the...more

No Coverage for Consequential Losses Stemming from Computer System Failure

A Texas federal district court, applying Texas law, has held that a cyber insurer did not need to cover losses incurred by its insured resulting from a system failure incident, finding that those losses were consequential and...more

Ohio Court Rules that “Frivolous Conduct” Exclusion Precludes Duty to Defend

The Ohio Court of Appeals has affirmed that a professional liability insurer owed no duty to defend claims against attorneys and their law firm that accused the attorneys of filing “frivolous” lawsuits under the Individuals...more

Ninth Circuit: Excess Carrier Not Entitled to Challenge Payment Decisions of Underlying Carriers

The United States Court of Appeals for the Ninth Circuit, applying California law, has held that an excess insurer could not second-guess the payment decisions of underlying insurers absent a showing of fraud or bad faith, or...more

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