Insurer Must Face Duke's Suit Over Antitrust Class Actions

Law360 (June 8, 2021, 6:16 PM EDT) -- A North Carolina federal judge ruled Tuesday that an excess insurer must face Duke University's suit seeking coverage for two underlying antitrust class actions alleging the university suppressed faculty wages.

U.S. District Judge Terrence William Boyle rejected Endurance Risk Solutions Assurance Co.'s bid to toss Duke's claim alleging the excess insurer breached the insurance contract and acted in bad faith. The university sought a declaration that Endurance must reimburse its defense costs in the two underlying class actions.

According to the suit, Duke held a commercial excess liability policy with Endurance. The policy provides up to $25 million after its primary...

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