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New Jersey has joined the #MeToo movement as Governor Phil Murphy recently signed Senate Bill 121 into law. The new law prohibits employers from enforcing nondisclosure agreements against current or former employees who lodge any harassment, retaliation or discrimination claim.
- Coverage B Conundrum: Do the Facts Alleged or the Elements of Liability Control Courts’ Duty to Defend Analysis?
It is well-settled that, in Wisconsin, an insurer’s duty to defend arises whenever the factual allegations in the complaint raise a reasonable possibility of coverage. Yet in West Bend Mutual Insurance Co. v. Ixthus Medical Supply, Inc., the Wisconsin Supreme Court explicitly evaluated the duty to defend based on the elements of liability to the exclusion of the factual allegations.
- California Supreme Court to Rule Upon Pivotal Coverage Question for TCPA Claims
California’s highest court is poised to decide a key question of law concerning potential “personal injury” coverage for claimed violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227(b)(1)(C).
- A Regrettable Insurance Decision From The 9th Circ.
A recent decision from the United States Court of Appeals for the Ninth Circuit creates considerable uncertainty in the evaluation of the rights and obligations of excess casualty insurers in the context of sexual abuse claims.