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Expert Analysis

Prior And Pending Clauses Don't Undercut Interrelated Claims

Law360, New York (July 27, 2016, 12:24 PM EDT) -- In a June 6, 2016 opinion (here), Middle District of Florida Judge Sheri Polster Chappell, applying Florida law, held that subsequent claims filed in 2011 and 2012 were interrelated with claims first made in 2008, and therefore deemed made at the time of the initial claim. Because the initial claim was filed before the relevant policy incepted, there is, Judge Chappell concluded, no coverage for the claims under the relevant policy....

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