Insurance Cases to Watch in 2018
Courts across the country are primed to grapple with critical insurance issues in 2018, including whether email-based theft schemes trigger computer fraud coverage and whether policyholders must foot the bill for pollution claims in years insurance was unavailable for those risks.
Here, Law360 breaks down significant cases insurance attorneys will be tracking in 2018.
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Country Mutual Insurance Co. v. Vibram
Blank Rome LLP associate Omid Safa, who represents policyholders, said Judge Kaplan's denial of the insurers' request for recoupment was consistent with "well-established principles concerning the duty to defend."
"Allowing recoupment would fundamentally change the insurance contract and relegate the 'duty to defend' to a mere 'duty to advance' defense costs," Safa said. "Insurers charge higher premiums when selling 'duty to defend' policies precisely because that protection is superior. Recoupment efforts are an attempt at a 'bait and switch.'"
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"Insurance Cases to Watch in 2018," by Jeff Sistrunk was published in Law360 on January 1, 2018.