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U.S. Supreme Court: ERISA “Church Plan” Exception Applies to Any Benefit Plan...

Giving a major win to several religiously-affiliated health care systems, the United States Supreme Court unanimously held on June 5 that pension plans maintained by certain church-associated...

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Following New Jersey Statutory Merger, Surviving Entity Acquires All Rights...

A New Jersey federal court has held that, following a statutory merger under New Jersey law, the surviving entity acquired the target entity’s rights under its directors and officers liability...

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Insurer Obligated to Pay Full Policy Limits on Loss Despite Potentially...

A federal court in South Carolina has held that an insurer breached its contract with its insured by not paying the full policy limits even though its policy included an “other insurance” clause and...

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In Suit Against General Contractor, Sub-Contractor’s Policy Provides Primary...

The United States Court of Appeals for the Tenth Circuit, applying New Mexico law, has held that a sub-contractor’s insurer had a duty to defend and indemnify a general contractor named as an...

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Georgia Court Reaffirms Longstanding Rule on Conflicting “Other Insurance”...

On a certified question from the U.S. District Court for the Northern District of Georgia, the Supreme Court of Georgia has held that the traditional rule of pro rata allocation of coverage applied...

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Bodily Injury Exclusion Inapplicable to Wrongful Death Suit

The United States District Court for the Northern District of Ohio has held that a bodily injury exclusion did not preclude coverage for a wrongful death suit, reasoning that the death did not cause...

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Alleged 42 U.S.C. § 1983 Violations Not Professional Services Caused by...

The United States District Court for the Northern District of Alabama has held that alleged constitutional due process violations under 42 U.S.C. § 1983 do not constitute professional services “caused...

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Excess E&O Policy Not Triggered After Exhaustion Of Primary Policy, Where...

The United States District Court for the District of Kansas, applying Kansas law, has held that an excess E&O policy was not triggered where coverage under a potentially responsive D&O policy...

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Criminal Act Exclusion Bars EPL Coverage for Sexual Harassment,...

Applying New York law, the United States District Court for the Southern District of New York has held that an EPL insurer need not reimburse a CGL insurer for a settlement and defense costs incurred...

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Excess E&O Insurer Must Reimburse Defense Expenses Pending Resolution of...

The United States District Court for the District of Kansas, applying Kansas law, has held that an excess E&O insurer was required to advance defense costs where coverage under a potentially...

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