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Series-Qualifier Canon of Construction Determines the Effect of a Clause at the End of a Series
Series-Qualifier Canon of Construction Determines the Effect of a Clause at the End of a Series

The United States Court of Appeals for the Eleventh Circuit, applying New Jersey law, has held that the series-qualifier (and not the last-antecedent) canon of construction applied in an insurance coverage dispute, such that a limiting phrase at the end of a list of professional services applied to all enumerated services, not just the last one. ECB USA, Inc. v. Chubb Ins. Co. of New Jersey, 113 F.4th 1312 (11th Cir. 2024).

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Massachusetts Supreme Judicial Court Holds that State’s Wiretap Act Does Not Apply to Website Browsing Tracking Claims
Massachusetts Supreme Judicial Court Holds that State’s Wiretap Act Does Not Apply to Website Browsing Tracking Claims
Contract Exclusion Not Applicable Based on Asset Management Services Carveout
Contract Exclusion Not Applicable Based on Asset Management Services Carveout
Insurers Need Not Prove Prejudice to Deny Coverage for Failure to Provide “Prompt Written Notice” Under a Claims-Made Policy
Insurers Need Not Prove Prejudice to Deny Coverage for Failure to Provide “Prompt Written Notice” Under a Claims-Made Policy
Delaware Federal Court Holds Contract Exclusion Bars Coverage for Claim Against Federal Grant Awardee for Disallowed Costs
Delaware Federal Court Holds Contract Exclusion Bars Coverage for Claim Against Federal Grant Awardee for Disallowed Costs
No Prejudice Required for Late Notice Under Claims-Made E&O Policy
No Prejudice Required for Late Notice Under Claims-Made E&O Policy
Antitrust Exclusion Applies to Claims for Unjust Enrichment and Violation of Consumer Protection Laws
Antitrust Exclusion Applies to Claims for Unjust Enrichment and Violation of Consumer Protection Laws
No Coverage for Class Action Claim First Made When Asserted in Counterclaim Before Coverage Period
No Coverage for Class Action Claim First Made When Asserted in Counterclaim Before Coverage Period
California Court of Appeal Affirms Dismissal of Claims against Excess Insurers for Insureds’ Failure to Allege Exhaustion
California Court of Appeal Affirms Dismissal of Claims against Excess Insurers for Insureds’ Failure to Allege Exhaustion
No Duty to Defend BIPA Lawsuit Given Absence of Data Breach or Security Failure
No Duty to Defend BIPA Lawsuit Given Absence of Data Breach or Security Failure
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