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Staying Insurance Coverage Litigation to Avoid Prejudice to the Insured
More and more often insureds are being forced to litigate with their insurers to protect rights under insurance policies, while at the same time those insureds must actively defend against the very litigation for which they seek coverage. Attorney Linda Kornfeld writes that in order to avoid prejudice, insureds should consider moving to stay coverage litigation while the underlying matter is proceeding. Kornfeld discusses how courts across the country have repeatedly recognized the need for such stays.Apple had a lousy week in patent litigation. Not only did it lose a hefty infringement verdict to a small software company called VirnetX, but a rate-setting case against Motorola Mobility Inc. went off the rails on the eve of trial.
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