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  • Colorado Supreme Asked to Decide Whether Notice-Prejudice Rule Applies to Claims-Made Policies or Only Occurrence Policies

    The U.S. Court of Appeals for the Tenth Circuit has asked the Colorado Supreme Court to determine whether Colorado’s notice-prejudice rule for liability…

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  • Law Firm Entitled to Defense for Clients’ Lawsuit Stemming from Firm’s Advertising, Notwithstanding Policy’s “Legal Services Exclusion”

    A federal district court in Rhode Island has ruled that lawyers sued by clients who alleged a count for deceptive advertising were entitled to be defended…

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  • Trial Strategy: How Can an Insurer Plead Diversity in a Coverage Action Where It Cannot Reasonably Ascertain Facts Supporting Jurisdiction?

    It typically is a rather straightforward matter when an insurance company pleads diversity jurisdiction under 28 U.S.C. § 1332. In some instances,…

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  • Insured May Recover Damages from Insurer for “Aggravation and Inconvenience” Where Insurer Breached Policy by Refusing to Defend Insured, Fourth Circuit Holds

    The U.S. Court of Appeals for the Fourth Circuit has ruled that an insured may recover damages for “aggravation and inconvenience” under West…

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  • Representative Payee’s Obligation to Repay Social Security Administration is Not Covered by Its Insurance Policy, Court Decides

    A federal district court in South Carolina has ruled that the obligation of a Social Security representative payee to repay funds to the Social Security…

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    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • “In Any Way Involving” – First Circuit Confirms Breadth of “Known Circumstances” Exclusion

    The U.S. Court of Appeals for the First Circuit has affirmed a district court’s decision that a directors and officers (“D & O”)…

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  • Insurer Has No Duty to Defend or Indemnify Insureds Where Suit Sought Injunctive Relief But No Compensatory Damages, California Appeals Court Holds

    A California court of appeal has held that when an insurance company issues a liability policy, agreeing to indemnify its insured against a third party…

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  • Arizona Law Does Not Prohibit Insurance Coverage for Restitutionary Payments as a Matter of Public Policy, Arizona Appellate Court Holds

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  • D&O Insurer Must Pay Full Attorney’s Fees Award to Lawyers Who Successfully Challenged Proposed Merger, Circuit Rules

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  • No Coverage for Claim Seeking Right to Use Beach Property Rather than Compensation, Appeals Court Says

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