Insurance Law Alert, October 2012
This Alert addresses decisions relating to a first-party bad faith claim, advertising injury coverage for fax blasting claims and the scope of coverage for employee theft under a fidelity policy. In addition, we highlight three recent decisions regarding a policyholder’s right to excess coverage following a below limits settlement with a primary insurer. This Alert also discusses the South Carolina Supreme Court’s calculation of a policyholder’s loss under title insurance and the U.S. Supreme Court’s upcoming review of whether a plaintiff can avoid removal under the Class Action Fairness Act by stipulating to damages of less than $5 million, the minimum amount in controversy required under the Act. Finally, we address a Ninth Circuit ruling regarding the scope of attorney-client privilege for communications between an insurer acting as an ERISA fiduciary and its counsel. We hope you will continue to turn to the Alert for the latest developments in insurance and reinsurance law.