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Indiana Supreme Court Opinion Highlights Importance of Knowing Your Coverage...

  In Groce v. American Family Mutual Insurance Co., No. 48S02-1307-CT-472 (Apr. 3, 2014), the Indiana Supreme Court has again held that the rule of caveat emptor, or let the buyer beware, applies to...

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ALL IS NOT LOST FOR CLAIMS MADE OUTSIDE POLICY PERIOD

Most businesses are aware that their claims-made insurance policies – like directors and officers policies, management liability policies and professional liability policies – generally provide...

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Insurance Coverage and Risk Mitigation for the In-House Practitioner

  On June 25, 2014, Charlie Edwards and Kara Cleary, from Barnes & Thornburg’s Policyholder Insurance Recovery Group, gave a presentation to in-house counsel and other corporate representatives...

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Insurance and indemnity issues arising out of AIA form agreements and contracts.

  On July 14, 2014, Charlie Edwards gave a presentation on indemnity and insurance issues for architects to the Indianapolis Chapter of the American Institute of Architects (AIA).  The presentation...

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Recent Changes in Insurance Status Affects Companies Seeking Additional...

  For those companies that are seeking additional insured status, keep in mind that there have been major changes in how that insurance status is written. The Insurance Services Office, the drafter of...

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Know Your Rights: Policyholders’ Defense and Settlement Rights

In Piedmont Office Realty Trust v. XL Specialty Ins. Co., No. 14-11987 (11th Cir. Oct. 21, 2014), the United States Court of Appeals for the Eleventh Circuit certified questions to the Supreme Court of...

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RECENT CASE LAW ILLUSTRATES IMPORTANCE OF WORDING FOR “FINAL ADJUDICATION”...

Directors and officers and management and professional liability policies generally contain so-called “conduct exclusions,” which exclude coverage for deliberate fraud, willful violation of a statute,...

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Barnes & Thornburg Represents Simon Property Group in $200 Million Summary...

A Barnes & Thornburg team led by Andrew Detherage and Charles Edwards represented Simon Property Group in obtaining summary judgment awarding Simon $200 million in insurance coverage from 16...

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UPDATE: Georgia Supreme Court Sides with Insurer in Settlement Rights Fight

I previously reported that the United States Court of Appeals for the Eleventh Circuit had certified questions to the Supreme Court of Georgia regarding the rights of an insurer to refuse to consent to...

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NEW JUSTICE DEPARTMENT MEMO HIGHLIGHTS NEED FOR REVIEW OF SIDE “A” D&O COVERAGE

Heightened Liability Concerns for Individuals   On Sept. 9, 2015, the U.S. Department of Justice (DOJ) issued a memo to all U.S. attorneys and other enforcement bureaus (such as the FBI) providing...

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Preparing for and Responding to a Major Weather Event or Catastrophe

  The recent flooding in Houston in the wake of Hurricane Harvey serves as a vivid reminder that losses caused by weather events and natural disasters are becoming all too familiar sights.  According...

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When Should an Accident be an Accident?

  Standard commercial general liability (CGL) insurance policies provide coverage for damages the policyholder is legally obligated to pay because of property damage or bodily injury caused by an...

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Before You Break Ground: Risk, Reward and What You Need to Know About A&E,...

Barnes & Thornburg and the Associated Builders and Contractors, Inc. hosted “Before You Break Ground: Risk, Reward and What You Need to Know About A&E, Legal and Insurance” on March 7....

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