Amy's had a comprehensive property policy that included an extension to cover the costs of loss avoidance and mitigation when the costs were incurred to combat a communicable disease.
Amy's had a comprehensive property policy that included an extension to cover the costs of loss avoidance and mitigation when the costs were incurred to combat a communicable disease.
Amy's had a comprehensive property policy that included an extension to cover the costs of loss avoidance and mitigation when the costs were incurred to combat a communicable disease.
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"Massachusetts law is clear that the unambiguous terms of an insurance policy must be strictly enforced and an insured's failure to comply with the notice provision of a claims made policy bars coverage," the judge wrote.
"The perception that Delaware law is generally more favorable to the policyholder than the insurer may be more based upon jurisdictional considerations rather than choice of law," says Monteleone.
A policy open to more than one reasonable interpretation is, by definition, ambiguous, and ambiguity is resolved in favor of coverage under well-settled insurance principles.
A policy open to more than one reasonable interpretation is, by definition, ambiguous, and ambiguity is resolved in favor of coverage under well-settled insurance principles.
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"For State Farm to have a duty to defend the Avaya lawsuit against DBSI and its officer, Avaya's operative complaint must potentially state a claim for trade dress infringement. But it does not," Judge Peter Phipps of the Third Circuit wrote.