On August 14, 2023, in a “landmark” ruling, a Montana state court held that youth plaintiffs had standing to assert constitutional claims against the State of Montana, its governor and…
First Circuit Holds that Notice Provisions in Claims Made Policies Must be Strictly Enforced
In President & Fellows of Harvard College v. Zurich Am. Ins. Co.[1], the United States Court of Appeals for the First Circuit ruled that Harvard was not entitled to coverage…
Top Developments July 2023
DUTY TO DEFEND – EXTRINSIC EVIDENCE Republic Franklin Ins. Co. v. Ebensburg Ins. Agency, 2023 U.S. App. LEXIS 14528 (3d Cir. June 9, 2023) Third Circuit questions, but declines to…
Top Developments March 2023
CONTRIBUTION Chem. Solvents, Inc. v. Greenwich Ins. Co., 2023 U.S. App. LEXIS 868 (6th Cir. Jan. 13, 2023) A divided Sixth Circuit panel holds that, under Ohio’s “all sums” allocation…
New Hampshire Supreme Court Declines to Recognize Cause of Action for Medical Monitoring in Context of PFAS Claims
On March 21, 2023, the New Hampshire Supreme Court, answering a certified question from the U.S. District Court for the District of New Hampshire, concluded that New Hampshire does not…
Fourth Circuit Holds That Cooperation Clause Does Not Apply to Insured’s Conduct in Negotiating Bankruptcy Plan
In Hanson Permanente Cement, Inc. v. Kaiser Gypsum Co. (In re Kaiser Gypsum Co.), ____ F. 4th ____, 2023 U.S. App. LEXIS 3482 (4th Cir. Feb. 14, 2023), the Fourth…