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Misappropriation Duty to Defend

Wiley Rein LLP

Misappropriation Exclusion Bars Coverage for Claim Involving Improper Transfer of Escrow Funds, but Insurer Must Defend Against...

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The United States District Court for the Southern District of Florida, applying Florida law, has held that a professional liability insurer did not have a duty to defend or indemnify its insured in a lawsuit involving the...more

Rivkin Radler LLP

Insurance Update - May 20 2024

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Careening race cars, missing diamonds, and gold treasure provide some of the backdrop for insurance issues that courts had to decide this past month. We begin in Pennsylvania where the state’s high court reined in some loose...more

Wiley Rein LLP

Massachusetts Federal Court Holds Defense Costs Must Be Reasonably Allocated Between Insured and Non-Insured Parties

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A Massachusetts federal court, applying Massachusetts law, has held that the allocation of legal fees between two corporations is determined based on what reasonably would have been negotiated had each party in the joint...more

Wiley Rein LLP

Outside Entity Exclusion Precludes Duty to Defend Claim for Misappropriation of Confidential Information

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The United States District Court for the Northern District of California, applying California law, has held that an outside entity exclusion precluded a professional liability insurer’s duty to defend a claim against its...more

Mintz - Employment Viewpoints

Massachusetts Supreme Judicial Court Holds Insurers’ Duty to Defend Does Not Extend to Counterclaims

A recent decision by Massachusetts’ highest court provides another reason why employers should carefully review their employment practices liability insurance (EPLI) policies. Unless the policy expressly covers counterclaims,...more

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