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Minnesota District Court Bars Insurer from Retroactively Allocating Jury Award to Fit Sexual Abuse ExclusionAug 10, 2017

The District of Minnesota recently held that an excess insurer, who has the opportunity to participate in the defense of an underlying claim, is barred from speculating to the allocation of the jury award to make it fit within a policy exclusion. In RSUI Indem. Co. v. New Horizon Kids Quest, Inc., Civ. No. 16-28 (D. Minn. 2017), a daycare center was sued for negligent supervision when a three-year-old left…

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A General Contractor’s Guide to Additional Insured CoverageAug 09, 2017

LAW360.com recently surveyed attorneys to offer tips for what general contractors should – and shouldn’t – do when pursuing additional insured coverage.  According to the article, “With the broad array of risks present on a typical construction site, one of a general contractor’s top options to shield itself from liability for property damage and bodily injury claims is to secure expansive “additional insured” coverage through its subcontractors.” In the piece,…

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Medidata Win Fortifies Policyholders In Digital Fraud FightsAug 02, 2017

In a pro-policyholder decision, LAW360.com reported that a New York federal judge recently ruled that a thief’s use of emails to trick employees of Medidata into wiring money overseas was a covered incident under the company’s computer fraud policy, weakening insurers’ arguments that such coverage is meant to apply only to hacking into policyholders’ computers. According to the article, “The computer fraud provision in Medidata Solutions Inc.’s crime policy covered…

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Signed, Sealed and (Almost) Delivered: EU Council Authorizes Signing of U.S. – EU Bilateral Insurance AgreementAug 02, 2017

On July 14, 2017, the Trump administration released a statement indicating that the United States intends to sign the U.S. – EU bilateral insurance agreement.  The announcement came several weeks after the Council of the European Union adopted a decision authorizing the signing of this agreement.  The agreement attempts to “level the playing field for U.S. insurers and reinsurers operating in the EU.”[1]  This U.S. – EU bilateral agreement is a…

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