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Prior Knowledge Exclusion Bars Coverage For Entire Lawsuit Alleging Multiple Instances Of Wrongdoing

The United States District Court for the District of Vermont has held that there is no coverage under a CGL and professional liability policy for all claims in an underlying suit brought against an insured residential care facility because all of the claims arose from professional services rendered by the facility that it knew or should have known could give rise to a claim.
September 14, 2021 Litigation




Allstate Class-Action Lawsuit Dropped

Allstate has reached an agreement with a law firm to dismiss the latter’s proposed class-action lawsuit against the insurer – a lawsuit that accused Allstate of using unqualified expert witnesses in insurance litigation.
September 9, 2021 Litigation Texas

Medicare And Marijuana: Preserving Settlements In the Face Of Evolving Laws

In an interesting case out of the Commonwealth Court of Pennsylvania, Lehigh Specialty Melting Inc. v. Workers Compensation Appeal Board, Lehigh appealed an order of the state’s Workers Compensation Appeal Board that would have caused the unwinding of an otherwise finalized workers’ compensation settlement agreement that included a Centers for Medicare and Medicaid Services (CMS)-approved Medicare Set-Aside (MSA) with an injured worker.
September 3, 2021 Litigation Workers' Compensation






Fifth Circuit Finds Defense Duty For Credit Card Data Breach

Reversing a federal district court, the Fifth Circuit Court of Appeals recently applied the Texas eight-corners rule to hold that an insurer had a duty to defend a restaurant chain against claims the chain breached its contract with a credit card processor by not preventing hackers from gaining access to its customers’ private information.
August 25, 2021 Liability Litigation Texas