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Ninth Circuit rules that California Insurance Code § 533 bars coverage for a settled malicious prosecution lawsuit

In an interesting new decision, the Ninth Circuit in Aspen Specialty Ins. Co. v. Miller Barondess, LLP (“Miller Barondess”) held that Section 533 of the California Insurance Code—which states that “[a]n insurer is not liable...more

Minnesota Federal Court rules Cyber Business Interruption clause covers funds lost in fraudulent wire transfer incident

As previously reported, on November 3, 2022, the federal district court for Minnesota, applying Minnesota substantive law, ruled that an insured was entitled to coverage under a Cyber Business Interruption clause for money...more

“Stick[ing] out like a sore thumb”: BIPA fingerprint claims, the ERP exclusion, and a common thread amidst an intra-district...

It seems as of late that decisions regarding the scope of the Illinois Biometric Information Privacy Act (BIPA) and insurance coverage for those claims have been coming as quick as finger scan. Fresh off the heels of...more

An in-depth look at the Target decision finding that loss-of-use damages included costs of replacing payment cards compromised in...

On March 22, 2022, the United States District Court for the District of Minnesota ruled that two ACE insurers were obligated to indemnify Target Corporation (“Target”) for the amounts it paid to settle claims related to...more

What is Hostile or Warlike?: An in-depth look at the Merck war exclusion decision and its shortfalls

On January 13, 2022, the Superior Court of New Jersey, Law Division, held in Merck & Co., Inc., et al. v. ACE Amer. Ins. Co., et al., No. UNN-L-2682-18, that the Hostile/Warlike Action Exclusion in various property policies...more

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