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Article 20/11/2020
Communications and information exchanged between adjusters and in-house counsel for insurance companies present unique challenges for application of the work product protection, and the law is not uniform in this area. This article will explore the factors considered by courts in determining whether such communications and information are protected from disclosure to the insured and/or third-party claimant and the typical disputes that arise in both coverage and bad-faith litigation.
Article 28/08/2020
An evenly divided Pennsylvania Supreme Court dismissed the appeal of a two decade old insurance bad faith action, upholding the lower court’s ruling that the insurer did not act in bad faith. But in doing so, the court’s opposing opinions highlight unresolved and emerging issues in Pennsylvania bad faith law.
News 05/06/2020
Kennedys has continued its growth in the United States with the opening of its first West Coast office, in San Francisco, and the addition of a four-partner team.
Article 26/05/2020
In the midst of uncertainty surrounding the coronavirus, New York’s Stop Hacks and Improve Electronic Data Security (SHIELD) Act went into full effect on March 21, 2020, creating new data privacy and cybersecurity requirements for companies that own, license, or maintain computerized data that include any New York resident’s private information, whether or not the company is located in New York.
News 05/05/2020
We are delighted to confirm the promotion of thirteen lawyers to our partnership across practice areas including commercial, employment and healthcare, as well as specialist areas of insurance and liability that include cyber, property and construction, professional liability, travel, abuse and fraud. Eight of those promoted are based in the UK, with four in the US and one in Australia. Our worldwide partner count is now 264.
Article 31/03/2020
Case review 30/03/2020
The Appellate Court of Illinois, First District, recently held that an insurer has a duty to defend an underlying class action lawsuit alleging violation of the Illinois Biometric Information Privacy Act 740 ILCS 14/1 et seq. (West 2014). West Bend Mutual Insurance Co. v. Krishna Schaumburg Tan, Inc., 2020 IL App (1st) 191834 (March 20, 2020). In this case of first impression, the court in Krishna Schaumburg Tan was asked to decide whether the allegations of the underlying complaint come within the insurance policies’ definition of “personal injury” and if so, whether an exclusion for violation of statutes applies to bar coverage. Id. at *7-8.
Article 19/03/2020
The COVID-19 global pandemic and the resulting efforts to contain it are events of unprecedented scale. New Jersey is among the states seeing the most comprehensive containment measures, including the shuttering of many non-essential businesses or modifying their operations in a manner that impacts their income stream. For instance, as of March 16, 2020, bars and restaurants can no longer offer “dine in” options and can now only operate by takeout or delivery.
Article 13/03/2020
The Second Circuit in a Summary Order has held, for the first time in the Circuit, that the “intellectual property” exclusion was clear and unambiguous and excluded coverage for a lawsuit that alleged infringement of intellectual property, in Lepore v. Hartford Fire Ins. Co., No. 19-778-cv, 2020 U.S. App. LEXIS 3830 (2d Cir. Feb. 7, 2020). Although this opinion is non-precedential, the decision joins other circuits that have examined this exclusion, including the Third Circuit, in finding that this exclusion is enforceable notwithstanding the broad impact of the exclusionary language.
Article 17/12/2019
The Illinois Appellate Court recently held that a former stepson remained a “relative by marriage” within meaning of his former stepmother’s auto policies, such that he may be entitled to uninsured motorist and medical payments coverage under the policies.
