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Apr 25, 2024 | 
lexblog.com | Jeffrey Ward
The Sixth Circuit has held under Michigan law that a reservation of rights letter including a right to reimbursement was sufficient to entitle an insurer to recoup defense costs paid when the insurer had no duty to defend even though the subject policy did not include language expressly providing for such right. See Great American Fidelity Insurance Co. v. Stout Risius Ross, Inc., Nos. 23-1167/1195, 2024 U.S. App. LEXIS 8576 (6th Cir. Apr. 8, 2024).
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Apr 25, 2024 | 
insurancecoveragenotesanddevelopments.com | Jeffrey Ward
The Sixth Circuit has held under Michigan law that a reservation of rights letter including a right to reimbursement was sufficient to entitle an insurer to recoup defense costs paid when the insurer had no duty to defend even though the subject policy did not include language expressly providing for such right. See Great American Fidelity Insurance Co. v. Stout Risius Ross, Inc., Nos. 23-1167/1195, 2024 U.S. App. LEXIS 8576 (6th Cir. Apr. 8, 2024).
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Sep 21, 2023 | 
lexblog.com | Jeffrey Ward
The First Circuit has held, under Massachusetts law, that an insurer’s actual knowledge of a claim does not excuse the insured from reporting the claim to the insurer as required by the policy. President and Fellows of Harvard College v. Zurich Am. Ins. Co., 77 F.4th 33 (1st Cir. 2023).
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Sep 12, 2023 | 
ipwatchdog.com | Eileen McDermott |Jeffrey Ward |Ashley Sloat |Josh Sloat
“OpenAI relied on harvesting mass quantities of content from the public internet, including Plaintiffs’ and the Class’s books, which are available in digital formats.” – Chabon class complaintA Pulitzer Prize-winning author and a number of Tony, Grammy and Peabody award winners are the latest to sue OpenAI for copyright infringement based on the way it trains its popular chatbot, ChatGPT.
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Sep 12, 2023 | 
ipwatchdog.com | Jeffrey Ward
“Delisting counterclaims, even if successful, are typically not resolved quickly enough to provide significant benefit to the generic applicants impacted by the listing.”The Hatch-Waxman Act (“the Act”) was designed to strike a delicate balance between pharmaceutical innovation and faster access to affordable drugs. However, one aspect of the Act, the patent listing process, when used improperly, can knock this balance out of whack.
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Jul 24, 2023 | 
lexblog.com | Jeffrey Ward
The Eleventh Circuit has held, in a matter of first impression under Georgia law, that a reservation of rights letter including a right to reimbursement did not entitle insurers to reimbursement of defense costs absent policy language expressly providing for such right. See Continental Casualty Co. v. Winder Laboratories, LLC, __ F.4th __, 2023 U.S. App. LEXIS 17852 (11th Cir. July 13, 2023).
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Jul 24, 2023 | 
insurancecoveragenotesanddevelopments.com | Jeffrey Ward
The Eleventh Circuit has held, in a matter of first impression under Georgia law, that a reservation of rights letter including a right to reimbursement did not entitle insurers to reimbursement of defense costs absent policy language expressly providing for such right. See Continental Casualty Co. v. Winder Laboratories, LLC, __ F.4th __, 2023 U.S. App. LEXIS 17852 (11th Cir. July 13, 2023).
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Jun 23, 2023 | 
lexblog.com | Jeffrey Ward
The Fourth Circuit has held in a published decision that a 2015 reverse triangular merger between Willis Group Holdings plc (“Willis”) and Towers Watson & Co (“Towers Watson”) was “the acquisition of all or substantially all the ownership interest in or assets” of Towers Watson within the terms of the Bump Up Provision in the Towers Watson D&O policies. See Towers Watson & Co. v. National Union Fire Insurance Co. of Pittsburgh, Pa., 67 F.4th 648 (4th Cir. 2023).
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Jun 23, 2023 | 
insurancecoveragenotesanddevelopments.com | Jeffrey Ward
The Fourth Circuit has held in a published decision that a 2015 reverse triangular merger between Willis Group Holdings plc (“Willis”) and Towers Watson & Co (“Towers Watson”) was “the acquisition of all or substantially all the ownership interest in or assets” of Towers Watson within the terms of the Bump Up Provision in the Towers Watson D&O policies. See Towers Watson & Co. v. National Union Fire Insurance Co. of Pittsburgh, Pa., 67 F.4th 648 (4th Cir. 2023).
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May 30, 2023 | 
lexblog.com | Jeffrey Ward
The Fourth Circuit has held that an insurer correctly denied coverage for costs that the insured law firm and one of its attorneys incurred when the government investigated the attorney because neither a search warrant executed at the firm’s office nor letters the government sent to the attorney were “Claims,” as that term is defined in the subject professional liability policy. See Brown Goldstein Levy LLP v. Federal Insurance Co., No. 22-1023, 2023 U.S. App. LEXIS 12217 (4th Cir. May 18, 2023).
