Insurance Update

December 21, 2023 | Robert Tugander | Greg E. Mann | Insurance Coverage

Our December Insurance Update features a few firsts from state high courts. For the first time:

  • The Supreme Court of Hawaii addresses reimbursement of defense costs.
  • The Supreme Court of Illinois addresses coverage for construction defects.
  • The Supreme Court of Appeals of West Virginia addresses trigger.

At the federal level:

  • The Ninth Circuit considers whether a trademark claim also included a claim for slogan infringement or use of advertising ideas.
  • The Eleventh Circuit, in a case reminiscent of a law school exam, determines when a claim is made under a professional liability policy.
  • A California federal district court considers whether the state’s willful acts statute bars coverage for a defamation claim.
  • And a Montana federal district court decides the number of occurrences in a carbon monoxide poisoning case.

We hope you enjoy the update and wish everyone a happy holiday season.

Rob Tugander and Greg Mann

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