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Insurance Litigation Trade Secrets

Butler Weihmuller Katz Craig LLP

Claimants Can’t Have Their Cake and Eat it Too

Eleventh Circuit Judicially Estops Claimant From Recovering Intentional Tort Judgment Under Errors and Omission Liability Policy - In a rarely seen application of the judicial estoppel doctrine in the third-party coverage...more

Rivkin Radler LLP

Insurance Update - March 2024

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We begin with three state supreme court decisions answering these questions: • A year before an insured bought its claims-made policy it received an attorney’s letter threatening mass tort litigation. The first suits were...more

Jenner & Block

Client Alert: First Circuit Parses Underlying Complaint to Find Duty to Defend and to Defeat Exclusions

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The duty of a liability insurer to defend a policyholder from litigation is typically described as broad and expansive, extending beyond the insurer’s duty to indemnify. The duty to defend generally obliges an insurer to...more

Wiley Rein LLP

Insured-Versus-Insured Exclusion Bars Coverage for Underlying Lawsuit Brought by Both Insured and Non-Insured Plaintiffs

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The United States Court of Appeals for the Sixth Circuit, applying Kentucky law, has held that the insured-versus-insured exclusion in a directors and officers liability policy precluded coverage for an underlying litigation...more

Cozen O'Connor

Court’s Opinion Provides Guidance on Protecting a Claims Handling Manual as a Trade Secret

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In Chavez v. Std. Ins. Co., 2020 U.S. Dist. LEXIS 203610 (N.D. Tex. Oct. 30, 2020), Judge David C. Godbey considered a variation on a common scenario that arises in first party cases.  Typically, the insured/plaintiff wants...more

Locke Lord LLP

Testing the Limits – Cyber Coverage Litigation Update

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The growing percentage of businesses that purchase cyber security and data privacy insurance portends a growing number of claims and, inevitably, litigation over some of those claims. Wells Fargo’s 2015 Cyber Security and...more

Burns & Levinson LLP

Leading Cases on Chapter 93A

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Nearly all business disputes in Massachusetts are governed by Chapter 93A. The winning plaintiff under Chapter 93A is entitled to an automatic award of its attorney's fees, and may be awarded up to three times its actual...more

Hinshaw & Culbertson LLP

Latest Updates to Media Liability Insurance in California

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Hinshaw & Culbertson LLP partner James Castle recently enhanced and updated the chapter on Media Liability Insurance for LexisNexis' California Insurance Law & Practice. Cases discussed include: ?S.B.C.C., Inc. v. St....more

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