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Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on Providing “Inadequate” Defense

Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on Providing “Inadequate” Defense

Posted on May 29, 2019May 29, 2019Author thecicrPosted in Insurance

Do costs associated with complying with an injunction constitute covered “damages?” The U.S. District Court for the District of South Dakota recently certified that question to the South Dakota Supreme Court.

Eighth Circuit Holds Deposition Testimony Shows Adequate Notice Given for TCPA Exclusion

Eighth Circuit Holds Deposition Testimony Shows Adequate Notice Given for TCPA Exclusion

Posted on January 4, 2019January 4, 2019Author Amy BesserPosted in Insurance

As more and more plaintiffs’ attorneys are using lack of notice to argue that the Distribution of Material exclusion is ineffective, American Family illustrates an effective way to establish adequate notice where actual documentation may be lacking.

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