A Michigan federal court declined to bifurcate a case involving a contract dispute between a ceding insurer, Amerisure, and its reinsurer, Transatlantic Re, in a case arising from underlying asbestos claims dating back to the...more
A federal court in Florida recently adopted the now well-developed consensus that data breach losses are not covered under standard Commercial General Liability (CGL) policies....more
The Sixth Circuit Court of Appeals issued a colorful opinion in a property insurance coverage dispute affirming a denial of coverage for loss arising out of an illicit marijuana growing operation in Michigan. The case is...more
10/8/2018
/ Appeals ,
Commercial Property Owners ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Marijuana ,
Marijuana Related Businesses ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Third-Party Criminal Acts
In Excess Insurance Co. Ltd. v Factory Mutual Insurance Co., 3 NY3d 577 (N.Y. 2004), New York’s high court held that, under a facultative reinsurance agreement, the reinsurer’s liability was limited to a per occurrence cap,...more
Texas homeowners Joe and Stacci Key sued their roofer, Lon Smith Roofing Contractors (“LSRC”), alleging LSRC violated the Texas Insurance Code by acting as an unlicensed public insurance adjustor. The trial court granted...more
8/29/2017
/ Class Action ,
Class Certification ,
Insurance Adjusters ,
Insurance Claims ,
Insurance Code ,
Insurance Industry ,
Insurance Litigation ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Severe Weather
The FBI continues to warn that losses are on the rise from business email compromise (BEC) or “social engineering” schemes, which the Bureau describes as:
Carried out by transnational criminal organizations that employ...more
8/15/2017
/ Business E-Mail Compromise (BEC) ,
Computer Fraud Insurance ,
Corporate Counsel ,
Cyber Crimes ,
Cyber Insurance ,
Cybersecurity ,
Denial of Insurance Coverage ,
FBI ,
Hackers ,
Insurance Industry ,
Insurance Litigation ,
Policy Terms ,
Social Engineering
Banks have historically been at the forefront of technological advances in commerce. So it should be no surprise that they and other financial institutions were also among the first to suffer losses related to computer fraud...more
Connecticut’s intermediate appellate court addressed a number of novel issues in a wide-ranging opinion regarding primary and excess insurers’ respective duties to defend and indemnify their common insured for long-tail...more
A homeowners insurance policy often covers every member of a family, and many policies state that the insurance applies separately to each insured. The same policies usually exclude coverage for intentional acts. But what...more
12/20/2016
/ Auto Insurance ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Homeowner's Insurance ,
Indemnification ,
Insurance Industry ,
Insurance Litigation ,
Murder ,
Negligent Entrustment ,
Negligent Supervision ,
Policy Exclusions ,
Policy Terms ,
Property Insurance ,
Severability Doctrine ,
Social Media ,
Twitter ,
Wrongful Death
Cybersecurity awareness month is nigh upon us again, and thus perspective is in order. 2016 brought us the first collection and analysis of the nascent claims history of the burgeoning cyber-insurance market. On August 27,...more
10/4/2016
/ Commercial General Liability Policies ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Hackers ,
Healthcare ,
Identity Theft ,
Insurance Industry ,
Medical Devices ,
NAIC ,
Policy Terms