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Ironshore Specialty Insurance Co. v. Facility IMS, LLC

Court: ND Tx  10/17/2023  Cooperation and Consent Provisions Held to be Covenants Rather Than Conditions

A court of the Northern District of Texas resolved multiple motions, including motions to amend, for summary judgment, and to seal, holding that language within liability policies indicated that the policies' cooperation and consent provisions were covenants and not conditions, such that a material breach of the covenants would excuse the insurer's performance, but that the insurer cannot pursue damages for the breach of those covenants where it has not adequately pled damages as a result of the breach.

professional liability policy, errors and omissions coverage, self-insured retention, single claim, covenant, condition, summary judgment, breach of contract, material breach, damages, privilege, consent provision, cooperation provision

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