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Statutory Violations Insurance Litigation

Alston & Bird

Insurance Insights for the Dog Days of August

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Welcome to the inaugural issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, the California Supreme Court covers COVID-19 claims, Georgia...more

Holland & Knight LLP

Circuit Split Remains on Availability of Equitable Relief from ERISA Co-Fiduciaries

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The U.S. Supreme Court has denied a petition for certiorari in First Reliance Standard Life Insurance Company v. Giorgio Armani Corporation. Although the headlines typically come when the Supreme Court issues an opinion, its...more

Robinson+Cole Class Actions Insider

Intra-Class Conflict Dooms Auto Insurance Class Action in Fifth Circuit

Last week the Fifth Circuit issued a short opinion that made an important point that does not arise often in class certification decisions. Class certification failed because the plaintiffs’ proposed theory of liability would...more

Goodwin

Massachusetts Court Holds Notice of TCPA Exclusions Sufficient to Avoid TCPA Violation

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On January 7, 2022, the Massachusetts Appeals Court issued a decision concerning whether two insurance companies provided sufficient and timely notice to its Insured regarding the exclusion of coverage for Telephone Consumer...more

Gould + Ratner LLP

Illinois Supreme Court Finds Insurance Coverage for Alleged Violations of BIPA

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The Illinois Supreme Court ruled late last week in favor of a company seeking insurance coverage for defense of a lawsuit alleging the company had violated the Illinois Biometric Privacy Act (BIPA). The ruling in the case,...more

Gould + Ratner LLP

Suburb's Citizens Out of Luck Against Contractor's Insurer for Contaminated Water

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Under established Illinois law, an insurer must defend a legal action filed against its insured unless it is clear from the face of the underlying complaint that the allegations fail to state facts which bring the case...more

Carlton Fields

Second Circuit Opens Door to Lawsuits Based on Contract Violating 1940 Act

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The Second Circuit has decided that Section 47(b) of the Investment Company Act of 1940 provides a private right of action for rescission of a contract that violates any provision of the 1940 Act or any rule or order...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Decision Excluding Coverage under Pollution Exclusion for Damage to Stream Caused by Rock Fines

In a sweeping decision, the U.S. Court of Appeals for the Fifth Circuit extended the absolute pollution exclusion to the unplanned discharge of “rock fines,” pellets produced during quarry operations, and denied coverage for...more

Carlton Fields

An Illustration Saga Continues in California

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As we previously reported, the Ninth Circuit in March 2017 held that violation of California’s illustration statutes could serve as a predicate for an Unfair Competition Law (UCL) action, partially reversing the trial court’s...more

Carlton Fields

Court Rejects Insurer’s Spokeo-Based Standing Challenge to TCPA Action

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In a February 20 ruling, the Northern District of Illinois cleared the way for a plumbing company’s putative class action against Allstate Insurance Company and an insurance agency co-defendant by denying the defendants’...more

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