Unfair Trade Practices Exclusion Doesn't Cover Consumer Protection Suits -
Why it matters: An unfair trade practices clause did not bar coverage for a policyholder's subsidiary, an Illinois federal court ruled, ordering...more
10/9/2015
/ Anticompetitive Behavior ,
Bad Faith ,
Bargaining Power ,
Breach of Contract ,
Class Action ,
Commercial Insurance Policies ,
Conflicts of Interest ,
Consumer Fraud ,
Cumis Counsel ,
Duty to Defend ,
False Claims Act (FCA) ,
Fraud ,
Insurance Industry ,
Insurance Litigation ,
Insureds ,
Legal Ethics ,
Negligent Misrepresentation ,
NV Supreme Court ,
Policy Exclusions ,
Reservation of Rights ,
Subsidiaries ,
The Clayton Act ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules -
Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more
8/14/2015
/ Apparent Authority ,
Auto Insurance ,
Bad Faith ,
Breach of Contract ,
Car Accident ,
Carbon Emissions ,
Civil Conspiracy ,
Class Action ,
Cyber Insurance ,
Data Breach ,
Duty to Defend ,
Fraud ,
Insurance Industry ,
Insureds ,
Mediation ,
Notice Requirements ,
Nuclear Waste ,
Patient Privacy Rights ,
Policy Exclusions ,
Public Officials ,
Reservation of Rights ,
Settlement ,
Workplace Injury
California Appellate Court: All Claims “Arising From” Ponzi Scheme Are Precluded -
Why it matters: Concluding that any claims related to a Ponzi scheme—even if they involved different investors, investments, or...more
5/7/2015
/ Appeals ,
Arbitration ,
Broker-Dealer ,
Claims Made Policy ,
Class Action ,
D&O Insurance ,
GA Supreme Court ,
Insurance Litigation ,
Investment Adviser ,
Liability Insurance ,
Policy Exclusions ,
Ponzi Scheme ,
Workplace Injury
Policyholder Can Keep Selected Counsel, Court Rules; Insurers’ Objection Too Late -
Why it matters: A policyholder was able to maintain its selected defense counsel after a federal court judge ruled that the insurers’...more
4/23/2015
/ Class Action ,
Commercial General Liability Policies ,
Duty to Defend ,
Insurance Litigation ,
Mortgage Lenders ,
Policy Limits ,
Property Damage ,
TCPA ,
Unsolicited Faxes ,
Vacant Properties ,
Vandalism
New York Federal Court Rejects Insurer’s Request for Recoupment -
Why it matters: The federal court, applying New York law, held that an energy drink manufacturer’s advertising coverage claim—arising from underlying...more
3/13/2015
/ Advertising Injury ,
Architects ,
Asbestos Litigation ,
Class Action ,
Copyright ,
Copyright Infringement ,
Duty to Defend ,
Food Manufacturers ,
Illegal Drugs ,
Insurance Industry ,
Late Notices ,
Recoupment ,
Reservation of Rights
California Court Adopts Broad Interpretation of “Occurrence,” Finds Coverage -
Why it matters: In a victory for policyholders—and a continuation of the trend of courts adopting a broad reading of the term “occurrence”...more
Insured v. Insured Exclusion Ambiguous When Applied to FDIC, 11th Circuit Rules -
Why it matters:
In the continuing split among courts considering insured v. insured exclusions, the Eleventh U.S. Circuit Court...more
1/14/2015
/ Appeals ,
Banks ,
Class Action ,
Counterclaims ,
D&O Insurance ,
Duty to Cooperate ,
Duty to Defend ,
Excessive Fees ,
FDIC ,
Litigation Fees & Costs ,
Policy Exclusions ,
Reservation of Rights ,
US Bank
U.S. Bank Wins Coverage Under Delaware Law For $55 Million Overdraft-Related Settlement -
Why it matters:
In a victory worth tens of millions of dollars, a Minnesota federal court ruled that U.S. Bank is...more