In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work performed by subcontractors under...more
3/8/2023
/ Appeals ,
California ,
Construction Defects ,
Construction Industry ,
Construction Litigation ,
Homeowners ,
Insurance Industry ,
Policy Exclusions ,
Property Insurance ,
Property Owners ,
Subcontractors
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
Judge Stephen Bough and the federal court in the Western District of Missouri entered an important order yesterday in a case brought by Studio 417, a hair salon, and several restaurants against Cincinnati Insurance Company....more
The Panel on Multidistrict Litigation has rejected efforts to centralize pretrial proceedings in actions in Pennsylvania and Illinois seeking insurance coverage for business interruption losses resulting from COVID-19. The...more
The recent procedural ruling by a Pennsylvania federal court highlights another area of uncertainty in the growing wave of insurance litigation related to COVID-19: will these cases proceed in state or federal courts? The...more
Like most states, Florida follows the rule that an insurer’s duty to defend is separate from and broader than its duty to indemnify for a potentially covered occurrence. Last week, in South Winds Construction Corp. v....more
Commercial property insurance policies frequently include business interruption or loss of business income coverage when a covered “cause of loss” creates a slowdown or reduction in business income. Companies suspending...more
With developing news of the new coronavirus and its impact on worldwide business operations, here’s a quick reminder to those professionals in charge of risk management for their company. This health emergency will have...more
Cyber incidents can take many forms—phishing, insider theft, SQL injection, malware, denial of service, session hijacking, credential farming, or just old fashion “hacking.” Although many of these attack vectors employ...more
10/3/2018
/ Computer Fraud Insurance ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Protection ,
Hackers ,
Insurance Industry ,
Phishing Scams ,
Policy Exclusions ,
Popular ,
Spoofing
A recent federal court of appeals’ decision raises interesting questions for all policyholders, particularly commercial and residential landlords with tenants that grow, possess, and/or distribute cannabis, even where it is...more
In addition to being a great place to find lobster, Maine may also be one of the country’s best jurisdictions for a policyholder seeking defense from its commercial general liability carrier.
In Zurich American Ins. Co. v....more
Kostin v. Pacific Indemnity is a recent federal decision from Connecticut denying insurance coverage that should be of particular interest to those impacted by a Ponzi scheme. In a coverage dispute arising out of the Madoff...more
A recent Tenth Circuit decision undercut policyholder arguments that Telephone Consumer Protection Act (TCPA) claims are insurable under a standard CGL policy. Policyholders should take note of this decision but should not...more
As proof that almost anything can be insured, hole-in-one insurance is available on the market. Coverage is granted for payments or awards (cars, cruises, golf trips, cash, etc…) given and can be obtained for the right...more
This webinar focuses on strategies for mitigating reputational, litigation, and regulatory risk in the post-data breach environment. We will offer specific practice tips to implement during this crisis period that are...more
With today’s increased focus on data breaches and related cyber liability exposure, the insurance market continues to develop policies tailored to this unique risk. Insurers are also excluding cyber risks in many traditional...more
4/15/2016
/ Class Action ,
Commercial General Liability Policies ,
Cyber Insurance ,
Data Breach ,
Data Security ,
Duty to Defend ,
Electronic Medical Records ,
Insurance Industry ,
Internet ,
Risk Management ,
Summary Judgment ,
Travelers Property Casualty Co.
Cyber coverage may be the hottest topic in the insurance industry. More carriers are offering cyber coverage, and more consumers are coming to the market, trying to figure out what to buy with their premium dollars. And those...more
In 1997, the American Law Institute (ALI) adopted the final draft of its Restatement (Third) of Torts on the topic of product liability. The most notable—and controversial—feature of the ALI’s work was its requirement that...more
Cyber liability is a clear and present danger. Target Corp. recently reported at least $235 million as gross expenses related to its 2013 data breach. Fortunately, Target was able to recover $90 million of that loss under...more
Liability insurance coverage should always be an initial consideration when any business faces a claim or lawsuit. Do we have coverage for that? Ideally, the answer is an unqualified “yes.” In reality, the answer from an...more