Between the Lines

A Discussion of Case Law and Statutory Law Affecting Commercial Lines of Insurance

Archive for April, 2016

Posted In: Professional Liability

Only Claims Alleging Consumer Confusion Are Barred By “Unfair Competition of Any Type” Exclusion, First Circuit Holds

Professional Liability Policy Covers Claims by Competitors. In an unusual professional liability coverage case arising out of claims against the insured by a competitor (rather than a client), the First…

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Posted In: Cyber Liability

UPDATED – Fourth Circuit Rules CGL Policy Covers Data Breach

Information accessible on the internet is “Published” even if no one reads it Updated: Please see below for a letter from a reader suggesting this case would have gone differently…

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Posted In: Uncategorized

Do New Claims Added to a Suit Require Insurers Defending under Reservations of Rights to Issue Additional Reservations?

Not necessarily. Twice is nice, but sometimes once is enough, says Massachusetts federal district court. An insurer’s  initial reservation of rights can be sufficient to preserve the right to disclaim…

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