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Specific jurisdictional flourishes notwithstanding, the duty to defend analysis typically involves some form of the “eight corners rule,” whereby the four corners of the insurance policy are measured against the four corners of the complaint (and sometimes extrinsic evidence) in order to determine whether or not the claims set out in the complaint trigger the insurer’s duty to defend. When the insured itself initiates a suit, it is not uncommon for the defendant to assert affirmative defenses against the insured’s complaint. In such a context, courts must determine whether or not a responsive pleading ‘ taking the form of either a counterclaim or an affirmative defense ‘ can trigger the duty to defend in the same way that a traditional lawsuit does.
Cyber Security Challenges and Potential Uninsured Exposures
This article provides a broad overview of cyber security challenges, and the insurance coverage (or lack thereof) for the financial impact of those cyber security challenges.
Fourth Circuit Finds GCL Insurer Owed Duty to Defend Cyber-Related Claims
This two-part article constitutes an overall review of ACC clauses in first-party property policies and their application across the United States. Most courts have found ACC clauses to be enforceable, although a handful of states have held that insurers may not contractually opt out of the state's causation doctrines, i.e. , efficient proximate cause or concurrent causation. We conclude the article herein.
Editor's NoteDear Readers: It is with the deepest regret that we must inform you that this issue of The Insurance Coverage Law Bulletin will be the last.…
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