News & Analysis as of

Subpoenas Insurance Industry

Flaster Greenberg PC

The Impact of Conflict of Law on Insurance Claims

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When determining whether insurance coverage exists for a claim, a crucial consideration is whether the claim involves an event or occurrence that took place in a state other than where the relevant policy was delivered. This...more

Bradley Arant Boult Cummings LLP

Insurance Coverage for Government Investigations: Tender Claims Early

Any company, particularly if conducting business is a highly regulated industry, risks being served with a subpoena or a civil investigative demand (collectively, “CID”) from a governmental agency or entity. As set forth...more

Rivkin Radler LLP

Insurance Update - August 2023

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Mental state, in some form, is the common theme running through our first three cases this month. The Fifth Circuit decides whether directors and officers of an ice cream company, accused of breaching their fiduciary...more

Foley Hoag LLP

Is a CID or Government Subpoena a Claim?

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For many companies, particularly those in highly regulated industries, the receipt of a civil investigative demand (CID) or subpoena from the government can understandably trigger stress. What might not be top of mind is...more

Wiley Rein LLP

Kentucky Supreme Court Holds Prior Notice Exclusion Does Not Bar Coverage for Claims Related to Investigation Noticed and Accepted...

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Applying Kentucky law, the Kentucky Supreme Court has held that a prior notice exclusion did not bar coverage for a claim related to a government investigation noticed and accepted by a prior insurer because the insurers were...more

Rivkin Radler LLP

Insurance Update - April 2022

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Cases in our April Insurance Update address several questions: •Are costs incurred to comply with a subpoena covered? •What must an insured show to rebut the presumption of prejudice in a late notice situation? •What...more

Rivkin Radler LLP

Insurance Update - October 2021

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Here’s our October Insurance Update. The Sixth Circuit had insurance on its mind this past month. Three of the decisions we discuss in our update are from that court. First, the Sixth Circuit joins the Eighth and...more

Carlton Fields

Insurance Broker Must, At Its Own Expense, Produce Documents Requested By Subpoena Issued In Dispute Between Workers’ Compensation...

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A district judge in the Eastern District of California has ordered a third-party insurance broker to comply with a subpoena from defendants seeking documents related to that broker’s sale of defendant’s insurance policies to...more

Blank Rome LLP

Federal Court Says Subpoena Is a “Claim” Triggering Insurance Coverage

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An issue frequently raised in coverage disputes involving claims-made liability insurance policies is determining whether certain pre-lawsuit events or disputes constitute a “claim” sufficient to trigger coverage....more

Morgan Lewis

Federal Judge Rules D&O Coverage for Wrongful Acts Extends to Responding to Government Subpoenas

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US District Judge Manish S. Shah in the Northern District of Illinois last week denied insurers’ motion to dismiss a pharmaceutical company’s action seeking insurance coverage for the costs associated with responding to a US...more

Carlton Fields

Court Declines To Quash Subpoena Issued To South Carolina Department Of Insurance In Companion Property Case

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We previously reported on this case on January 5, 2016, June 28, 2016, July 20, 2016, and December 14, 2016. The case concerns Companion Property and Casualty Insurance Company’s participation in a fronted insurance program...more

Carlton Fields

Recipient Of Arbitration Award In Reinsurance Dispute Permitted Discovery Of Funds Withheld Account

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Plaintiffs secured an interim arbitration award in the amount of $7.8 million, plus interest, in what the court described as a complex insurance/reinsurance program. Seeking to collect on the award, plaintiffs served a...more

Butler Snow LLP

Sixth Circuit Denies Seal of Approval for Unjustified Filings Under Seal

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Litigants and third parties subpoenaed to produce information in litigation who believe that information that they deem confidential will not ever become part of the public record so long as a discovery protective order is in...more

Carlton Fields

Court Compels Discovery Of Reinsurance And Other Insurance Documentation From Insurer In Garnishment Proceedings

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The judgment was entered in a class action by plaintiffs who lost their tuition payments for computer training programs at schools that abruptly closed in 2009. In attempting to collect on the judgment, plaintiffs served...more

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