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New Jersey joins New York and other states in amending its statute of limitations for child sexual abuse claims.
- Ohio Court of Appeals Waffles on Scope of Duty to Defend Inquiry
In a pair of recent decisions issued in the same case, the Ohio Court of Appeals has grappled with the extent of an insurer’s ability to rely on information extrinsic to the underlying complaint when determining whether a duty to defend its insured exists.
- New Jersey Governor Bans Non-Disclosure Agreements for Harassment, Retaliation and Discrimination Claims
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.