Parties to a lawsuit may have vastly different perspectives on the validity and value of a claim, but as a matter of course, the issue of settlement will arise. Trial is an exceedingly expensive endeavor with an uncertain...more
This is the first in a series of discussions about issues that arise on a regular basis after policyholders file an insurance claim.
Many liability insurance policies require the insurer to defend the insured. This “duty...more
Ransomware attacks that shut business down to zero and data breaches that disclose the personal information of customers, vendors and employees justifiably strike fear in the hearts of executives everywhere. Organizations can...more
Obtaining adequate and affordable insurance coverage remains one of the many challenges in the cannabis industry. Most large insurance carriers – adverse to the risk posed by unfavorable federal law – have so far chosen to...more
The onslaught of ransomware attacks by cybercriminals increases unabated every year, affecting everyone from mom and pop shops on Main Street to corporate lions of Wall Street. Hackers infiltrate an organization's computer...more
6/30/2022
/ Cyber Attacks ,
Cyber Crimes ,
Cyber Incident Reporting ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Hackers ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Ransomware ,
Risk Management ,
State and Local Government
Criminal cyber attacks that deprive access to vital digital information and hold it for ransom are a constant and ever-increasing threat. No organization is immune. ...more
In a landmark victory for policyholders, the Supreme Court of Wyoming found that a subsidiary of Sinclair Oil can invoke statutory bad faith damages after prevailing in a coverage dispute with its insurer, Infrassure. The...more
In March of 2020, when state-wide coronavirus lockdowns began in earnest, litigations confronted the fact that practically everything on the schedule — depositions, mediations, and court appearances — had been canceled. To...more
As the Fifth Circuit reminded us in a December 21 decision, primary insurers can find themselves in excess insurers’ shoes if they reject settlement demands within their policy limits. In American Guaranty & Liability...more
Confirming the growing split of decisions among federal courts addressing COVID-19 insurance issues, two district courts in the Fifth Circuit differed in their interpretation of virus exclusions, with one denying coverage and...more
Cyber-related privacy and security risks continue to evolve like the hydra from Greek mythology. Once one threat has been addressed, two new threats seem to appear. Even the most well-prepared among us must remain vigilant in...more
An insurer defending a claim against an insured that could exceed policy limits has a good faith obligation to settle the claim if possible. Failure to do so puts a nonsettling insurer at grave risk. An Eleventh Circuit...more
10/4/2019
/ Appeals ,
Auto Insurance ,
Bad Faith ,
Catastrophic Impairment ,
Excess Policies ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Insurer Liability ,
Policy Limits ,
Settlement Negotiations
“Long-tail” claims involve personal injury or property damage from alleged exposure to injury-causing products, such as asbestos or PFCs, over a number of years and multiple policy periods. Courts in various jurisdictions use...more
A recent Fifth Circuit case highlights the potential risks of purchasing a defense-within-limits policy: If an insurer is obligated to hire independent counsel due to a conflict of interest, that counsel’s fees may erode your...more
As the demand for insurance coverage for cyber-related losses continues to grow, more insurance companies are offering cyber insurance policies and endorsements, but the market is far from mature and the available policies...more
The ACLU filed a complaint against Dignity Health, claiming that the total exclusion of care related to “sex transformation surgery” in Dignity’s employee health insurance plan is unlawful sex discrimination. Now the EEOC...more
One of the most valuable assets a business owns is its insurance coverage. The goal when purchasing liability insurance—and regularly paying insurance premiums—is to have coverage when, for example, your business is faced...more
In this report:
- I. June 2013 – Mississippi Certificate of Need Meeting
- II. July 3 Oral Proceeding on Proposed Freestanding Emergency Department Pilot Program
- III. Certificate of Need Program...more