Understanding the Impact of IPR Estoppel and PTAB Discretionary Denials — Patents: Post-Grant Podcast
Estoppel Doctrine in China's Patent System
The Appellate Court of Illinois recently reminded insurers that they may be estopped from raising coverage defenses through their misleading acts or statements, including silence. In Monroy-Perez v. Sentry Select Ins. Co.,...more
The owners hired a general contractor (GC) insured by Amerisure to build a movie theatre, and the GC hired a masonry subcontractor (Sub) insured by Selective under a primary and umbrella policy...more
Applying Illinois law, the First District Appellate Court of Illinois has held that a related wrongful acts provision barred coverage for a series of “claims” made over the course of six years because the claims—as the...more
The United States District Court for the Northern District of Illinois, applying Illinois law, has granted a legal professional liability insurer’s motion for summary judgment, holding that its claims-made policy did not...more
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Waiver, estoppel and forfeiture are doctrines on which insureds often rely to try to create coverage outside the terms of the insurance policy. Insureds will often assert that they are entitled to such extra-contractual...more
The Holding - In Chattanooga Prof’l Baseball LLC, v. Nat’l Cas. Co., 2020 WL 6699480 (D. Ariz. Nov. 13, 2020) (Order), the Arizona District Court held that a “Virus Exclusion” clearly precluded insurance coverage for losses...more
In Dones v. Life Ins. Co. of North America (No. A157662, filed 10/7/20), a California appeals court held that whether an insurer had waived or was estopped to assert that an “active service” requirement prevented inception of...more
Casualty insurers doing business in the state of New York that wish to deny coverage on a claim for death or bodily injury are subject to the timing requirements set forth in New York Insurance Law (NYIL) § 3420(d)(2), which...more
An Insurer’s Guide to Reserving Rights: Tips for Avoiding Waiver and Estoppel - Insurers know all too well that the penalties for an ineffective reservation of rights letter can be severe...more
In Ted Baker PLC v (1) AXA Insurance UK PLC (2) Fusion Insurance Services Ltd (3) Tokio Marine Europe Insurance Ltd [2017] EWCA Civ 4097 Ted Baker PLC (TB) suffered significant business interruption losses as a result of...more
REAL PROPERTY UPDATE - Foreclosure: final summary judgment in borrower’s favor inappropriate where borrower merely asserted that lender mistakenly filed copy of original note with court, instead of original, and where...more
This week, the Division I Washington Court of Appeals granted partial relief to an insurer and held that if an insured is legally insulated from any exposure to a tort victim, the presumption of harm in a bad faith claim...more
The first line of the Seventh Circuit’s opinion says it all: “This case provides a warning for insurance companies who refuse to defend their insureds.” As the court’s admonishment suggests, insurers that improperly refuse to...more