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Declaratory Judgments Claims Made Policy

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One Claim Can’t Be “Deemed Made” Twice, Minnesota Court Holds

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The Minnesota Court of Appeals has held that a malpractice claim was “deemed made” against an insured law firm when it received from its former client’s new counsel a letter directing the law firm to preserve records related...more

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Illinois Appellate Court Holds Interrelated Wrongful Acts Provision and Prior and Pending Litigation Exclusion Bar Coverage

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The Appellate Court of Illinois has held that an underlying lawsuit was interrelated with another lawsuit brought against the insured by a different claimant, and thus precluded from coverage pursuant to the policy’s...more

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Delaware’s Supreme Court Addresses What Constitutes a “Claim for Damages”

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The Supreme Court of Delaware has held that a letter received by an insured from an attorney purporting to represent unidentified plaintiffs and forecasting future litigation did not constitute a “claim for damages” under a...more

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Kansas Federal Court Holds Notice-Prejudice Rule Inapplicable to Claims-Made Policies

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The United States District Court for the District of Kansas, applying Kansas law, has held that the notice-prejudice rule does not apply to claims-made policies. Philadelphia Indem. Ins. Co. v. Great Plains Annual Conference...more

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