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Insurance Coverage Update

October 15, 2018
Florida law, Ohio Coverage Update
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes two recent cases, including a decision by the U.S. District Court for the Middle District of Florida that a third-party data breach does not satisfy the definition of “personal injury."

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October 10, 2018
Ohio Coverage Update
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update examines the important Ohio Supreme Court's landmark decision on the issue of faulty workmanship, holding that the faulty workmanship of a subcontractor does not constitute an “occurrence.”

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October 1, 2018
Florida Coverage Update
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update examines the Florida Supreme Court’s much talked about and debated recent holding in a case involving a claim for bad faith.

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September 17, 2018
Florida, Pennsylvania, Kentucky Coverage Update
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes three recent cases, including a case addressing the assignment of benefits under a homeowners policy in Florida.

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September 4, 2018
Kentucky, federal law, Michigan law Coverage Update
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes three recent cases, including a Kentucky Supreme Court ruling that addresses what constitutes an “occurrence.”

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August 15, 2018
Texas, Florida, Illinois Coverage Update
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes three recent cases, including a U.S. Court of Appeals for the Fifth Circuit decision that addresses the allocation of settlement amounts between covered and non-covered claims.

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August 1, 2018
Oregon, New Jersey Insurance Coverage Update
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes two recent cases, including a ruling by the U.S. Court of Appeals for the Ninth Circuit that addresses the application of Oregon’s anti-indemnity statute and a holding by the New Jersey Court of Appeals regarding the duty to defend.

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July 16, 2018
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes three recent cases, including a decision by the U.S. Court of Appeals for the Sixth Circuit relating to late notice, a Delaware Supreme Court opinion addressing Michigan law relating to allocation and a ruling from the U.S. Court of Appeals for the Second Circuit regarding coverage for computer fraud.

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July 2, 2018
Texas, Kansas Insurance Coverage Update
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes two recent cases, including a decision examining a breach of contract exclusion and an opinion regarding whether a request that environmental remediation be performed constitutes a suit.

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June 15, 2018
California, New York Insurance Coverage Update
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes two recent cases, including a case addressing a certified question to the California Supreme Court regarding what constitutes an occurrence and an opinion regarding both choice of law and the contestability of a life insurance policy.

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June 1, 2018
South Carolina, Colorado, Texas, Arkansas Coverage Update
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes four recent cases, including important rulings about an insurer’s ability to pursue a professional liability action against counsel it hires to defend its insured.

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May 15, 2018
Florida, Washington, New Jersey, Georgia Insurance Coverage Update
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes four recent cases, including important rulings about providing timely notice of a change to an equipment schedule, the definition of “collapse,” material misrepresentation and computer fraud coverage.

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May 1, 2018
Wisconsin, Alabama, California, Oregon, New Jersey Insurance Coverage Update
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes four recent cases, including important rulings about an excess insurer's duty to defend, the application of an absolute pollution exclusion, an opinion regarding Coverage B and a decision pertaining to the transfer of rights under a policy through an assignment.

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April 16, 2018
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes summarizes two recent cases, including one before the U.S. Court of Appeals for the Second Circuit addressing mechanical device and employers’ liability exclusions, and one in the U.S. Court of Appeals for the Ninth Circuit addressing the application of a self-insured retention.

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April 2, 2018
New York, Washington Insurance Coverage Update
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes three recent cases, including the New York Court of Appeals case that rejected the “unavailability rule” when applying pro rata allocation.

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March 15, 2018
Illinois, New York, California, Missouri Insurance Coverage Update
Insurance Coverage Update
Practice Areas: Alternative Dispute Resolution, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes four recent cases, including an opinion addressing bad faith under Illinois law.

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March 1, 2018
Colorado, Illinois, Sixth Circuit Insurance Coverage Update
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes three recent cases, including the U.S. Court of Appeals for the Tenth Circuit’s holding that statutory damages under the Telephone Consumer Protection Act are punitive in nature and, therefore, are not covered by insurance under Colorado law.

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February 15, 2018
New York, Arizona Insurance Coverage Update
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes two recent cases, including the U.S. Court of Appeals for the Tenth Circuit’s holding that a subcontractor’s faulty workmanship constitutes an “occurrence.”

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February 1, 2018
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes three recent cases, including the U.S. Court of Appeals for the Second Circuit’s holding that a professional services exclusion applied to preclude insurance coverage to NASDAQ in an underlying action alleging retail investor losses due to various technical failures in executing the initial public offering of Facebook, Inc.

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January 15, 2018
New York Coverage Case
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update which summarizes a New York Supreme Court's holding that coverage was not available for a purported additional insured because it did not have a written contract or agreement with the subcontractor/insured, as required by the insurance policy

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January 2, 2018
Maryland Coverage Update
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes a Maryland Court of Appeals’ opinion, applying lex loci contractus to a choice of law analysis, and refusing to apply Maryland’s law on the basis of a public policy argument.

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December 15, 2017
Florida, New Hampshire Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes three recent cases, including the Florida Supreme Court’s holding that a Chapter 558 statutory notice and repair process constitutes a “suit” where the definition of “suit” includes other alternative dispute resolution proceedings.

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December 1, 2017
Texas, Michigan Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes two recent cases, including the U.S. Court of Appeals for the Fifth Circuit’s holding that an insured does not own funds that were loaned to another in exchange for promissory notes for purposes of obtaining coverage for property owned by the insured.

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November 15, 2017
California, Missouri Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes two recent cases, including the California Court of Appeals holding that an insurer did not have a duty to defend a lawsuit alleging misleading marketing of opioid painkillers because the lawsuit did not allege an accident.

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November 1, 2017
Florida, Oregon, Massachusetts, West Virginia Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes four recent cases, including the Eleventh Circuit Court of Appeals holding that the professional services exclusion applies to preclude coverage for damages caused by the negligent design of a traffic intersection.

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October 16, 2017
Missouri, New York, Mississippi Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes three recent cases, including the Missouri Court of Appeals’ ruling that all sums allocation applies to a long tail claim involving asbestos exposure.

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October 2, 2017
Pennsylvania, Nevada Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes two recent cases, including the Pennsylvania Supreme Court’s holding that the elements of self-interest or ill-will are not prerequisites to establish a claim for bad faith.

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September 15, 2017
Californina, New York Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes three recent cases, including the California Court of Appeals' holding that the determination of how a policy is exhausted must be done on a policy-by-policy basis.

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August 15, 2017
Wisconsin, Nebraska, North Carolina Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes three recent cases, including the the U.S. Court of Appeals for the Seventh Circuit’s holding that the definition of “your product” is ambiguous, an Eighth Circuit Court of Appeals case addressing coverage for the faulty workmanship of a subcontractor and a North Carolina opinion examining coverage for alleged intentional acts and negligent supervision.

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August 1, 2017
New York, Colorado Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes three recent cases involving computer fraud coverage, application of an unsolicited communications exclusion, and a ruling by the Second Circuit Court of Appeals that vertical exhaustion applies where a policy contains a prior insurance provision.

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July 17, 2017
Georgia, Illinois, New York, California Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This edition of Plunkett Cooney's national insurance update summarizes four recent cases, including the U.S. Court of Appeals for the Eleventh Circuit’s holding that a settlement agreement did not exist where the insurer failed to comply with the condition that the settlement payment be provided to the claimant within a certain period of time.

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July 5, 2017
Massachusetts, New Jersey Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This issue of Plunkett Cooney's national insurance update summarizes two recent cases, including the Massachusetts Supreme Judicial Court’s holding that an insurer does not have a duty to pay for the prosecution of counterclaims brought by the insured.

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June 15, 2017
New York, West Virginia Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This issue of Plunkett Cooney's national insurance update summarizes four recent cases, including the New York Court of Appeals' holding that two purported additional insureds did not qualify as additional insureds because the liability at issue was not caused, in whole or in part, by the named insured.

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June 1, 2017
Michigan, California Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This issue of Plunkett Cooney's national insurance update summarizes two recent cases, including the Michigan Supreme Court’s holding that a medical provider cannot bring a statutory cause of action against a no-fault insurance provider, as well as a case from the Ninth Circuit Court of Appeals addressing rescission.

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May 15, 2017
Georgia, North Carolina Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This issue of Plunkett Cooney's national insurance update summarizes two recent cases, including the U.S. Court of Appeals for the Eleventh Circuit’s holding that an insurer did not act in bad faith by failing to settle a lawsuit against its insured where the settlement offer did not resolve all potential claims.

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May 1, 2017
Washington, Pennsylvania, Michigan Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This issue of Plunkett Cooney's national insurance update summarizes four recent cases, including the Washington Supreme Court’s ruling that a pollution exclusion did not preclude coverage for bodily injury arising out of exposure to carbon monoxide because negligent installation was the predominant cause of the injury, and that the insurer acted in bad faith by declining coverage.

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April 17, 2017
Texas, Michigan, Minnesota Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This issue of Plunkett Cooney's national insurance update summarizes three recent cases, including the Texas Supreme Court’s landmark case establishing five rules that must be used to evaluate whether an insured may recover policy benefits as actual damages as a result of an insurer’s statutory violation, even though a jury failed to find that the insurer breached its obligations under the policy.

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April 3, 2017
Pennsylvania, Delaware, California Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This issue of Plunkett Cooney's national insurance update summarizes three recent cases, including the U.S. Court of Appeals for the Fourth Circuit that a fireworks explosion allegedly caused by 19 separate acts of negligence constituted a single occurrence.

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March 15, 2017
West Virginia, California and Connecticut Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This issue of Plunkett Cooney's national insurance update summarizes three recent cases, including the West Virginia Supreme Court’s holding that an insurer was not bound by a settlement agreement entered into by its insured because the insurer was not a party to the lawsuit out of which the settlement agreement arose.

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March 1, 2017
Oklahoma, Washington Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This issue of Plunkett Cooney's national insurance update summarizes two recent cases, including the Oklahoma Supreme Court’s recent holding on a certified question that an indoor air exclusion is not void as against public policy.

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February 15, 2017
Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This issue of Plunkett Cooney's national insurance update summarizes five recent cases, including the Supreme Court of New Jersey's holding that an anti-assignment clause does not bar coverage where the assignment was made after the loss at issue occurred.

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February 1, 2017
Michigan, Oklahoma, New York Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This issue of Plunkett Cooney's national insurance update summarizes three recent cases, including the U.S Court of Appeals for the Sixth Circuit that the professional services exclusion precludes coverage where the insured was hired to oversee all aspects of a construction project, including design, implementation and supervision.

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January 16, 2017
Florida, California Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This issue of Plunkett Cooney's national insurance update summarizes three recent cases, including the Eleventh Circuit Court of Appeals’ holding that the Florida Claims Administration Statute does not prohibit an insurer from refusing to pay pre-tender defense costs based on the application of a voluntary payments exclusion.

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January 3, 2017
South Carolina, Nevada Coverage Cases
Insurance Coverage Update: Insurance Coverage Update
Practice Areas: Insurance Law

This issue of Plunkett Cooney's national insurance update summarizes two recent cases, including the U.S. Court of Appeals for the Fourth's Circuit's holding that coverage was precluded because of the insured’s failure to disclose knowledge of a potential claim in her application for a medical malpractice policy.

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December 15, 2016
Florida, Massachusetts, Oregon Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This issue of Plunkett Cooney's national insurance update summarizes three recent cases, including a recent decision by the Florida Supreme Court, adopting the concurrent cause doctrine and holding that coverage may exist where a loss is concurrently caused by both an insured and an uninsured risk.

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December 1, 2016
Florida, West Virginia, Missouri Coverage Cases
Insurance Coverage Update
Practice Areas: Appellate Law, Insurance Law

This issue of Plunkett Cooney's national insurance update summarizes three recent cases, including one before the U.S. Court of Appeals for the Eleventh Circuit, which ruled an insurer that wrongfully refused to defend its insured is not responsible for a settlement entered into by its insured where the insured agreed to accept any judgment, regardless of amount, as long as the claimant promised not to execute the judgement against the insured.

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