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Coverage Alerts

1

The California Supreme Court held that the “made-whole rule” does not include liability for attorney fees incurred by the insured in obtaining compensation from a third party tortfeasor.

2

A “Service of Suit Endorsement” which does not clearly designate an exclusive forum does not amount to a forum selection clause.

3

A cause of action against an insurer for negligence in the defense of a claim cannot be maintained where there is no duty to defend the claim.

4

Federal Court has jurisdiction over declaratory relief action where insurer is seeking reimbursement of amounts exceeding the amount in controversy and action is for money damages and not just for declaratory relief.

5

A mistaken belief in the legal right to build does not transform the intentional act of construction into an accident

6

Within the definition of “advertising injury,” the phrase “that violates a person’s right of privacy” must be construed as meaning that the content of the material at issue violates a person’s right to privacy.

7

To qualify as "advertising injury" an alleged injurious false statement must specifically refer to or concern the plaintiff.

8

Federal Administrative Adjudicative Proceeding Qualified as 'Suit' Where Policy Did Not Define Term.

9

Conversion of cash does not constitute “loss of use of tangible property” under CGL policy.

10

Where an insurer’s decision to terminate benefits is wrong but reasonable and made with proper cause, the genuine dispute doctrine applies and the insurer cannot be held liable for bad faith.