on January 29, 2018
If there were a catechism for insurance coverage law, one of the first couplets of call and response would drill the aspiring coverage lawyer on the distinction between the duties to defend and indemnify: What is the difference between an insurers' defense and indemnity obligations?...
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on March 21, 2017
For the most part, insurance brokers have ordinary business relationships with their clients, not fiduciary relationships. But there is an exception to this general rule. In certain circumstances, the broker may have a fiduciary relationship with the client if both sides understand that the client is relying on the broker. With a fiduciary relationship comes a higher duty to the client, broadening the broker's potential liability for failing to secure the right coverage....
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on March 25, 2015
Earlier in the year, Alexandra Dattilo warned us that data-breaches may not be covered by the typical commercial general liability (CGL) policy. And, indeed, insurance companies are fighting a two-front war to keep data-breaches out from the coverage provided by CGL policies....
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