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Spring 2019

Recent Developments in Insurance Coverage

Washington, D.C.-based attorneys Jeffrey Ward, Charles Chotvacs and Jason Reichlyn in Dykema’s Insurance Industry Group authored the article, “2018 Case Review: Notable D&O and Bad Faith Decisions”…

Blog Posts 14 results

4.25.24

Sixth Circuit Holds Under Michigan Law That Insurer May Recoup Defense Costs Paid Subject to a Reservation of Rights Without Express Policy Language Authorizing Reimbursement

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…

9.21.23

First Circuit Strictly Enforces Claims Made and Reported Policy Terms and Finds Actual Notice of Claim Insufficient to Excuse Failure to Comply With Notice Requirements

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…

7.24.23

Eleventh Circuit Holds That Georgia Law Does Not Require Reimbursement of Defense Costs Paid Subject to a Reservation of Rights Absent Policy Language Requiring Reimbursement

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…