News & Analysis as of

Class Action Insurance Industry Policy Exclusions

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Perkins Coie

Seventh Circuit Ruling on Insurance Coverage for Biometric Privacy Class Actions Strays From Trend Protecting Policyholders

Perkins Coie on

In light of the continuing barrage of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), companies should be able to rely on their general liability (GL) insurers to defend and indemnify them from...more

Cozen O'Connor

Is there CGL Coverage for Cyber Breach Claims?

Cozen O'Connor on

The coverage dispute in Home Depot, Inc., et al v. Steadfast Insurance Company, et al. arises out of a 2014 data breach of millions of Home Depot’s customers’ payment information. As a result of the breach, the financial...more

Rivkin Radler LLP

The Title Reporter — Summer 2022

Rivkin Radler LLP on

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry •An appellate court in New York has ruled that an exclusion in a title insurance policy precluded coverage of a...more

Wiley Rein LLP

Coverage for SXSW Refund Lawsuit Barred by Contract Exclusion

Wiley Rein LLP on

A magistrate judge of the United States District Court for the Western District of Texas has issued a report and recommendation to the District Court concluding that the contract exclusion in a directors and officers...more

Wiley Rein LLP

No Duty to Defend Lawsuit Alleging Renumeration to which Insured was Not Legally Entitled

Wiley Rein LLP on

The United States District Court for the Middle District of Florida, applying Florida law, has held that a professional liability insurer had no duty to defend a lawsuit alleging that the insured, a closing agent, wrongfully...more

Locke Lord LLP

Eleventh Circuit Affirms Dismissal of ‎Cost-of-Insurance Rate Class Action ‎Against Wilco Life ‎Insurance Company

Locke Lord LLP on

On November 15, 2021, the U.S. Court of Appeals for the Eleventh Circuit ‎affirmed dismissal of a ‎putative cost-of-insurance (“COI”) rate class action in ‎Anderson v. Wilco Life Insurance Company ‎‎— a victory for life...more

Perkins Coie

Illinois Supreme Court Affirms BIPA Lawsuits Are Covered by GL Policies

Perkins Coie on

The deluge of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14 et seq. over the past several years has presented a challenge to companies operating in Illinois. Not surprisingly,...more

Wiley Rein LLP

Consumer Protection Claims Not Barred By Antitrust Exclusion

Wiley Rein LLP on

The United States District Court for the Central District of California, applying California law, has held that antitrust exclusions in two D&O policies did not bar coverage for a class action against an insured sports...more

Pierce Atwood LLP

COVID-19: Developments in Class Action Litigation Surrounding Business Interruption Insurance Coverage

Pierce Atwood LLP on

Currently, one of the most prominent areas for class action litigation related to the COVID-19 pandemic is disputes about whether commercial insurance policies cover business interruption losses.  Hundreds of businesses have...more

Eversheds Sutherland (US) LLP

Legal and Regulatory Developments - Business Interruption Insurance for COVID-19 Related Losses (Update)

As the COVID-19 pandemic continues to have significant economic consequences in the US, a key issue for insurers and businesses throughout the country will be whether all or a portion of losses may be covered by insurance....more

Mintz

TCPA Class Action Update – January 2019

Mintz on

The Carrier with Better Record-Keeping Practices Than the Insured Wins a Significant TCPA Insurance Coverage Dispute - Last week, the Eighth Circuit held that an insurance company was entitled to the presumption that its...more

Carlton Fields

Ninth Circuit Confirms Privacy Exclusion Bars TCPA Claims

Carlton Fields on

Claims under the Telephone Consumer Protection Act (TCPA) present numerous issues for insurance companies and policyholders. Because TCPA claims lend themselves to class action suits, the potential exposure can be...more

Alston & Bird

Class Action Roundup: Summer 2017

Alston & Bird on

Welcome to our second Roundup of 2017, where we feature the cases litigated and settlements finalized during the second calendar quarter of the year. It was a very active quarter in almost all of the categories we monitor,...more

Neal, Gerber & Eisenberg LLP

A Handy Tip for Avoiding Coverage Denial Based on Policy Exclusion In Renewal Policy: Confirm That Insurer Complied With...

The recent decision in Cincinnati Insurance Co. v. Chapman, 2016 IL App (1st) 150919, illustrates how non-compliance with an insurance renewal statute potentially could bar an insurer from denying coverage. At issue in...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - October 2015

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

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - August 2015

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

K&L Gates LLP

Five Tips for Success in Cyber Insurance Litigation

K&L Gates LLP on

Many insurance coverage disputes can be, should be, and are settled without the need for litigation and its attendant costs and distractions. However, some disputes cannot be settled, and organizations are compelled to resort...more

Bradley Arant Boult Cummings LLP

Duty to Cooperate Ruling Narrows Insurers’ Ability to Foreclose Coverage for Settled Class Action Claims

Insurance policies typically include a cooperation clause, which requires the insured to cooperate with the insurer in the defense of a covered claim. Insurers routinely use this clause as a sword against their insureds by...more

K&L Gates LLP

The Devil in the “Cyber” Insurance Details

K&L Gates LLP on

There’s a tempest amidst the recent spring shower of “cyber” insurance cases. It isn’t the Recall Total case reported the week before last, or the Travelers v. Federal Recovery Services case reported the week before. While...more

Mintz - Privacy & Cybersecurity Viewpoints

CNA Denies Cyber Insurance Claim

Key takeaway: The insurance applications and underwriting questionnaires prepared in connection with cyber insurance do matter. Cyber security, and cyber insurance, have dominated the industry headlines for several...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - July 2014 #2

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

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