The Meaning of Broadcasting and Its Application to a Media Exclusion

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When is broadcasting broadcasting as opposed to transmission? And is there a difference? That was the question before the court on an appeal from a judgment that an insurer did not have to defend its insured in a copyright infringement suit. The question was pertinent because of a media exclusion in the policy.

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Insurance Coverage Only Goes So Far

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It should be pretty obvious that you only get the insurance you ask and pay for. Yet, sometimes coverage is sought well beyond the scope of the policy. In a recent case, the court made short work of the issue, but nevertheless the case went all the way to an appeals court even though it was obvious there was no coverage.

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Insured vs Insured Exclusion Precludes Coverage

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In many insurance policies, particularly directors and officers liability policies, coverage is precluded if one insured brings a claim against another insured. But what happens if one of the named plaintiffs is not an insured party? A recent Sixth Circuit Court of Appeals case addresses this issue.

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Weapons Exclusion Precludes Coverage

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Courts are tough on exclusions but when an exclusion is clear it will preclude coverage. In a recent case, an exclusion for bodily injury arising out of weapons resulted in a coverage case being dismissed

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No Privilege for Information Provided to Reinsurer

In coverage disputes, policyholders often seek communications between the insurance company and reinsurers to gain insights into the company’s views on the policyholder’s claims. Insurance companies generally resist production of reinsurance communications on various theories. In a recent case, the insurer invoked the “insurer-insured privilege.”

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Motion in Limine Granted Precluding Evidence of Reinsurance in Insurance Coverage Trial

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Insurance coverage litigation often involves document production requests for reinsurance information and communications. Courts are mixed on granting motions to compel production of reinsurance information. But what happens to reinsurance-related evidence when it comes to trial? One court recently answered that question.

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What Does the First COVID-19 Appellate Decision Mean?

It was bound to happen sooner or later.  Finally, an appellate court has weighed in on a COVID-19 property damage coverage dispute.  This first appellate decision goes into the insurer win column. So what does it mean for future cases?

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The Relevance of Reinsurance Information in a Coverage Dispute

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Among the discovery sought in many insurance coverage disputes is reinsurance information. This may include the reinsurance contracts that reinsure the underlying policies and communications between the cedent and reinsurer concerning the reinsurance contract or the underlying losses. Courts have been all over the place on this issue, with some only allowing production of the relevant reinsurance contracts and others allowing broad discovery into all facets of reinsurance material.

In a recent case, the court granted reinsurance discovery and found that the insurers failed to meet their burden to avoid production.

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Forum Shopping and COVID-19 Coverage Cases

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When bringing a lawsuit there is often strategy to the venue chosen. This is especially true in insurance coverage cases where the outcome can vary by jurisdiction. Another consideration is whether the disputed contract, like an insurance contract, has a forum selection clause, which dictates the venue for the dispute. In a recent case, a court addressed both these issues in deciding a motion to dismiss. The case is a COVID-19 business interruption coverage dispute.

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Brokers and Insurers Prevail in COVID-19 Coverage Action

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There is no question that the COVID-19 restrictions imposed by local and state governments have had an unintentional but devastating effect on businesses both large, medium and especially small. Restaurants, movie theaters, live entertainment, sports. gyms, salons and many other businesses have closed because of the lack of business. While many of these businesses purchased insurance with coverages for business income and extra expense, the lack of direct physical loss of or damage to property has meant that these policies, for the most part, do not cover the loss of business caused by the government shut-down orders.

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