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Insurance Law Alert

Simpson Thacher’s Insurance Law Alert is a monthly publication reporting on noteworthy decisions and legislation of interest to insurers and reinsurers.

In This Issue

Fifth Circuit Rules That Duty To Defend Was Never Triggered Despite Insurer’s Knowledge Of Underlying Suit

Texas Appellate Court Rules That Voluntary Parting Exclusion Does Not Bar Coverage For Fraudulent Email Scam Losses

Social Engineering Exclusion Bars Coverage For Policyholder’s Email Scam Losses, Says Pennsylvania District Court

Arbitration Clause In Reinsurance Contract Does Not Require Original Insured To Arbitrate Claims Against Reinsurer, Texas Appellate Court Rules

Reversing District Court, Eighth Circuit Rules That Challenge To Validity Of Contract Must Be Arbitrated

Eleventh Circuit Rules That Breach Of Contract Exclusion Unambiguously Bars Coverage For Underlying Suit

Citing Policyholder’s Reasonable Expectations, New Jersey Appellate Court Refuses To Enforce Policy Exclusion

First Circuit Certifies Coverage Question To Massachusetts Supreme Judicial Court

New Jersey Appellate Court Rules That Claimant Has Standing To Sue Insurer And Broker Under State Statutory Law

Second Circuit Upholds Dismissal Of Suit Stemming From Pandemic-Related Premium Reduction

Supreme Court Of Wisconsin Rules That Restaurants Are Not Entitled To Business Interruption Or Civil Authority Coverage For Pandemic-Related Losses

In Consolidated Appeal, New Jersey Appellate Court Affirms Dismissal Of Policyholders’ COVID-19 Coverage Suits

Reversing Trial Court, Louisiana Appellate Court Rules That Restaurant’s Pandemic-Related Business Losses Are Covered By All Risk Policy

To view this month’s articles as a PDF, please click here.

“Simpson Thacher is top of the game for coverage litigation.”
- Chambers USA 2022 (quoting a client)

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