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Duty to Defend Appellate Courts Insurance Litigation

Carlton Fields

New Mexico Appeals Court Holds No Bad Faith for Shooting Claim Precluded by GL Policy’s A&B Exclusion

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In Wilson v. Cincinnati Specialty Underwriters Insurance Co., the New Mexico Court of Appeals affirmed the district court’s decision granting summary judgment to an insurer after determining that bad faith claims on a...more

Rivkin Radler LLP

August 2025 Insurance Update

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“Arising out of” is a phrase commonly found in an insurance policy. It’s a broad phrase, and courts construe it that way. When this phrase appears in an exclusion, courts often apply a “but for” causation test. And that may...more

Carlton Fields

Minnesota Appeals Court Limits Coverage in Law Firm Malpractice Dispute Over Policy Clause

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In Smith Jadin Johnson PLLC v. Minnesota Lawyers Mutual Insurance Co., the Minnesota Court of Appeals reversed a lower court’s decision that required Minnesota Lawyers Mutual Insurance Co. to defend a legal malpractice claim...more

Rivkin Radler LLP

January 2025 Insurance Update

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We kick off the year with a quartet of state supreme court decisions and an intermediate appellate court ruling that has insurers breathing a harmonious sigh of relief. Policyholders and insurers often disagree over what the...more

Cozen O'Connor

Claims Notes: September 2024

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Litigation arose over whether a suit for misrepresentation and breach of contract arising out of an easement triggered a Commercial General Liability (CGL) insurer's duty to defend. Internal confidential communications...more

Wiley Rein LLP

Violation-of-Law Exclusion Defeats Duty to Defend BIPA Lawsuit

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The Appellate Court of Illinois, First District, applying Illinois law, has held that two general liability insurers do not owe a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA)...more

Wiley Rein LLP

Claim Against Physician Arising out of Criminal Misconduct in the Sexual Assault of a Patient Does Not Involve Covered...

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An Illinois Appellate Court has ruled that an insurer had no duty to defend an insured in connection with a lawsuit arising out of criminal sexual misconduct charges even though the lawsuit contained negligence claims. Prof’l...more

Rivkin Radler LLP

Insurance Update - March 2021

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In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases. The state high courts address: •From whose perspective should a consent-to-settle provision be judged? •What standard...more

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