Venue Selection Is Key To Determining Coverage

Law360, New York (September 13, 2016, 5:21 PM EDT) -- True to form, state courts in 2016 have continued their divergence on key coverage issues. Conflicting coverage rulings can madden policyholders and insurers alike by hampering their ability to forecast outcomes and assess risk. Although little can be done to change the state of the law, the existence of conflicting decisions presents an opportunity that can transform a losing coverage position into a winner. Seizing the opportunity means filing coverage litigation in the most favorable venue available. The options can be surprising....

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