The United States Supreme Court agreed today to review a Fourth Circuit decision that denied an insurer standing to object to an asbestos producer’s Chapter 11 reorganization plan, on the…
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Top Developments October 2023
DEFENSE COST REIMBURSEMENT Cont’l Cas. Co. v. Winder Labs., LLC, 73 F.4th 934 (11th Cir. 2023) Eleventh Circuit predicts that, under Georgia law, insurers found to have no duty to…
Montana Trial Court Holds That Youths Have Standing to Bring Constitutional Claims Against State Government For Alleged Climate Change-Related Harms
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…