Arbitration Is One Thing That Isn’t Bigger In Texas

In a decision issued at the end of November in Robinson v. Home Owners Management Enterprises, Inc.,[1] the Texas Supreme Court addressed whether the availability of class arbitration under the…

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Seventh Circuit Court of Appeals Holds Breach of Contract Exclusion in E&O Policy Unenforceable

In a recent opinion in Crum & Forster Specialty Insurance Co. v. DVO, Inc.,[1] the United States Court of Appeals for the Seventh Circuit considered whether a breach of contract…

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The Fifth Circuit Joins the Majority of Circuits in Holding the Availability of Class Arbitration is an Issue to be Decided by the Court, Not an Arbitrator

The door to class arbitration, and class actions generally, continues to be pushed closed.  In its 20/20 Communications, Inc. v. Crawford decision issued at the end of July of 2019,…

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Notice Clauses in Insurance Policies, the South Carolina Supreme Court’s Neumayer Decision, and Construction Defect Cases

In its Neumayer opinion issued at the end of July, the South Carolina Supreme Court resolved an issue specific to an automobile liability insurance policy but in doing so, alluded…

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California Court Holds that “Care, Custody or Control” Exclusion in Additional Insured Endorsement Only Bars Coverage for AI Where There Was Exclusive or Complete Control

A general contractor (“GC”) was covered as an additional insured on its roofing subcontractor’s commercial general liability (“CGL”) policy.  In a construction defect action related to roofing, the insurer refused…

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The U.S. Supreme Court Further Restricts the Availability of Class Arbitration

In its 2010 decision in Stolt-Nielsen, the United States Supreme Court held that a court may not compel class arbitration when an arbitration agreement is silent on whether class arbitration…

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