Recall Total Information Management, Inc. v. Federal Ins. Co.

Summary

The court affirmed summary judgment for the insurers, concluding that the plaintiffs could not establish a duty to defend based on informal settlement negotiations and that the lost computer tapes did not constitute a covered personal injury because there was no publication violating a privacy right. The court adopted the Appellate Court’s reasoning and separately disavowed that court’s statement that summary-judgment review asks whether the trial court was clearly erroneous, emphasizing that review is plenary.