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Articles Posted in Litigation

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It Was Only a Slip! London Insurers’ Communication with Counsel via Brokers Constituted Waiver of Privilege

They do some things differently in London. But just because they have different customs across the pond doesn’t mean they get to play by different rules—at least not in American courts. That was the message a federal magistrate judge in the Eastern District of New York delivered when she ruled…

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Insurance Coverage for Nuisance Claims in the Oil Patch

In Texas and other states, the mineral owner can freely use the surface estate to the extent reasonably necessary for the exploration, development and production of oil and gas. That includes activities such as building roads, drilling wells and transporting equipment and personnel. But frustrated property owners are increasingly bringing nuisance…

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Sweeping Ruling in Favor of “Litigation Insurance” Provided by the Duty to Defend

A unanimous panel of the Illinois Appellate Court recently held that three insurers have a duty to defend any case in which the bare underlying allegations—if proved—would render their insured liable, regardless of extrinsic facts. This sweeping ruling confirms that the duty to defend is a form of “litigation insurance,”…