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Duty to Defend Insurance Industry Commercial Insurance Policies

Rivkin Radler LLP

February 2025 Insurance Update

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The 2014 Home Depot data breach was one of the more notorious cyberattacks. A decade later, litigation over that incident continues. The Sixth Circuit recently decided whether an electronic data exclusion cleared insurers...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2024

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An owner, general contractor (GC) and subcontractor (Sub) were sued by injured workers at a construction site, and they were defended by the Sub’s insurer, U.S. Specialty Insurance Company. U.S. Specialty tendered their...more

Houston Harbaugh, P.C.

Insurers Not Required to Cover Climate Change Litigation

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In a significant ruling, the Hawaii Supreme Court has determined that AIG is not required to provide coverage for a lawsuit against Sunoco subsidiary, Aloha Petroleum. The Hawaii court found a pollution exclusion in AIG’s...more

Wiley Rein LLP

Insured’s “Version of Events” Do Not Determine Application of Policy Exclusion

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The U.S. District Court for the District of New Jersey, applying New Jersey law, has held that a misappropriation of funds exclusion unambiguously barred coverage for an accounting firm under its professional liability policy...more

Lowenstein Sandler LLP

Favorite Topics of 2023

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On the last “Don't Take No For an Answer” podcast of 2023, Lynda Bennett, Chair of the Insurance Recovery practice at Lowenstein Sandler, looks back on some of the series’ most popular topics, such as difference between the...more

White and Williams LLP

Top Developments October 2023

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DEFENSE COST REIMBURSEMENT - Cont’l Cas. Co. v. Winder Labs., LLC, 73 F.4th 934 (11th Cir. 2023) Eleventh Circuit predicts that, under Georgia law, insurers found to have no duty to defend underlying suits could not...more

Cozen O'Connor

Court Rewrites Insurance Policy to Create Defense Obligation in Favor of “Implied Coinsured” Tenant

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Sheckler v. Auto-Owners Insurance Company, 2021 WL 493226, 2021 Ill. App. LEXIS 593 (Oct. 23, 2021), a decision of the Appellate Court of Illinois, Third Judicial District, concluded that principles of equity justified...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - July 2021

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Southern District of New York Holds That COVID-19 Claim Not Covered- Café du Soleil (the Café) operates a small Manhattan restaurant that suffered financial losses during the COVID-19 pandemic and suspended operations...more

Nutter McClennen & Fish LLP

Atomic Café Trademark Litigation Against LeanBox and Cold Brew Does NotTrigger Travelers Indemnity’s Duty to Defend or Indemnify,...

In The Travelers Indemnity Company v. Lean & Local LLC, Travelers sought a declaration that it did not owe its insureds indemnity or a defense. Judge Green granted Travelers summary judgment. The claims asserted against the...more

Foley & Lardner LLP

Does Wisconsin’s Four-Corners Rule Govern an Insurer’s Duty to Defend?

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Those who follow the work of the Wisconsin appellate courts might recognize this question as one that District II of the Court of Appeals certified to the Supreme Court nearly five years ago in Wilkinson v. Arbuckle, 2011 WI...more

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