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Tag Archives: Class Actions
Fourth Circuit: Insurer Has a Duty to Defend Because CGL Policies Might Cover Data Breach
Here’s an interesting development in two areas close to my professional heart: technology and insurance coverage. It’s been said with some frequency in recent years that traditional CGL policies do not cover losses arising from data breaches. Last week, however, the … Continue reading
Second Circuit Thrice Holds that Class Action Waivers Are Unenforceable
Third time’s the charm, right? The Second Circuit has struck down, for the third time, a class action waiver in an arbitration agreement between American Express and merchants. In re American Express Merchants’ Litigation. This long-running case–which has already gone … Continue reading
Posted in Arbitration, Class Actions
Tagged Arbitration, Class Actions, Second Circuit
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Courts Rebuff Policyholders Who Seek Defense of Antitrust Class Actions
Recently-filed lawsuits in California and Georgia follow a trend of CGL policyholders demanding defenses to antitrust conspiracy claims under the theory that the antitrust class actions seek damages for “personal and advertising injury.” The same playbook, however, has not succeeded … Continue reading
The Second Circuit Sidesteps Stolt-Nielsen
SPOILER ALERT! This post has a twist: it doesn’t concern an insurance case at all. (M. Night Shyamalan would be proud.) But it does concern interpretation of an arbitration agreement–something important to insurers and reinsurers alike. In Jock v. Sterling … Continue reading
Posted in Arbitration, Class Actions
Tagged Arbitration, Class Actions, Second Circuit
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