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

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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

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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

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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

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