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Chet Kronenberg and Lindsay DiMaggio Author Article on Kentucky Supreme Court Ruling

12.14.22

Litigation Partner Chet Kronenberg and Associate Lindsay DiMaggio authored an article titled “Ky. Ruling Shows Need For Consistent Insurer Claim Replies,” which was published by Law360. The article detailed a recent decision in which the Kentucky Supreme Court ruled that a policyholder's tender of a government subpoena to its directors and officers liability insurer a few years before it was named as a defendant in related civil litigation did not trigger a prior-notice exclusion in its professional liability policy. The article further explored implications of the Court’s decision, noting that policyholders will likely continue to argue that years-long governmental investigations do not trigger prior-notice exclusions to preclude coverage of related civil litigations filed after the investigation is initiated and may pursue similar rulings in other states.

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