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How Your Business Can Weather Big Sur’s Latest Landslide

After heavy rains on March 30, 2024, a section of the southbound lane of famous Highway 1, which sits atop dramatic cliffs near Big Sur, collapsed and crumbled into the Pacific Ocean. The incident occurred near Rocky Creek...more

Baltimore’s Tragic Bridge Collapse May Lead to Coverage under Commercial Policies

Commercial property policies typically include a wide range of coverage extensions, including “contingent” coverages that apply even when the policyholder’s own property is not physically damaged. Even if you have not yet...more

Navigating Insurance for NYC’s $708M Lawsuit Against 17 Bus Companies

In recent months, the United States-Mexico border has seen an unprecedented surge of migrants. With this wave, various state and local authorities across the nation have expressed a strain on their public resources and...more

Fire-Resistant Turnout Gear Represents a New Frontier in PFAS Liability

The risks associated with PFAS-containing materials are expanding into new areas, as litigation and regulatory enforcement actions continue to rise. Recent trends suggest that employers who provide fire protection gear to...more

Are Insurers’ Panel Counsel Rates Reasonable?

It is a settled principle of insurance law that a liability insurer’s duty to defend is broader than its duty to indemnify. In most jurisdictions, if any portion of a complaint against a policyholder is even potentially...more

Great Sargasso Seaweed Event May Lead to Covered Business Interruption and Loss of Use

As summer vacation rolls around and hotels, restaurants and other hospitality companies gear up for a busy tourist season, coastal businesses in the U.S. Southeast, Puerto Rico and the Caribbean may be welcoming an unexpected...more

California and New York to Open One-Year Windows Reviving Time-Barred Adult Sexual Assault Claims

Four months ago, New York Governor Kathy Hochul signed the Adult Survivors Act (ASA) (S.66A/A.648A), creating a one-year window, beginning November 24, 2022, for adult survivors of sexual assault to bring civil claims against...more

Hurricane Ian: Insurance Implications

Hurricane Ian struck Florida on September 28. By late afternoon, it was a Category 5 storm with top winds of 155 miles per hour, producing huge storm surges along a wide area of the state’s southwestern coast. Damage is...more

New York Amends Recently Enacted Comprehensive Insurance Disclosure Act Requirements

Defendants in New York state court must now produce insurance information in newly filed lawsuits within 90 days of answering the complaint. While the extent of the insurance disclosure requirements has been narrowed, and...more

New York Enacts Sweeping New Insurance Disclosure Requirements for State Court Litigants

Amendments to CPLR § 3101(f) now require the disclosure of voluminous information including insurance applications and information about other claims. Defendants in New York state court must produce extensive...more

Federal Court Holds Allegations of Coronavirus on Premises Sufficiently Allege Physical Loss of or Damage to Property

In Novant Health, Inc. v. American Guarantee and Liability Insurance Co., Judge Catherine C. Eagles of the U.S. District Court for the Middle District of North Carolina made the right call by allowing a large hospital system...more

K.C. Hopps Holds That Juries—Not Judges—Should Decide if Coronavirus Causes Physical Loss or Damage

The presence of virus on the premises that renders the property unsafe can cause physical loss or damage and trigger property coverage without any distinct, demonstrable physical alteration. Juries, not judges, get to...more

Hurricane Ida & Tropical Storm Nicholas: Insurance Implications

Category 4 Hurricane Ida cut a destructive swath from Louisiana to New York, and Tropical Storm Nicholas bears down on the Gulf Coast. Those in the affected area should prepare for insurance recovery. Category 4 hurricane...more

Texas Winter Storms: Evaluating Business Interruption Claims Following a Large-Scale Disaster

Responding to the Texas Winter Storm Crisis: Issue 2—Winter storms and wide-area events like the one that recently devastated Texas leave behind challenging questions about business interruption insurance...more

Preparing Your Personal and Business Insurance Claims

Responding to the Texas Winter Storm Crisis: Issue 1 - The world is witnessing yet another dramatic weather event, this time in the southern states, especially Texas. The severe winter conditions in Texas have caused...more

COVID-19 Business Interruption Losses: Time is of the Essence to Pursue Coverage

“Service of Suit” limitation period to file is less than a month away - Many insurance policies have various limitation periods and exclusions built into them. One such limitation period is known as a “service of suit”...more

Hurricane Laura: Insurance Implications

Category 4 Hurricane Laura strikes Louisiana coast, causing significant damage. Those in the affected area should prepare for insurance recovery. Historical Category 4 hurricane with sustained top wind speeds of 150 mph...more

Insurance Coverage Claims for Theft, Vandalism and Curfews

Many U.S. businesses face income losses from theft, vandalism and resulting curfew orders, which have affected numerous cities in recent days. Commercial property insurance policies may provide coverage for these losses,...more

COVID-19: Understanding Business Interruption Insurance and Wide-Impact Catastrophes

Policyholders can expect insurers to put forth strong objections to many of their claims in an effort to reduce the liability exposure. Policy language matters and can impact how a court will interpret and construe coverage....more

Hurricane Barry: Prepare Now to Maximize Insurance Recoveries

Affected businesses and other organizations should take immediate and proactive steps to maximize insurance recovery. Gather insurance policies, as well as binders, and save them electronically or take them to an...more

Your Corporate Crisis Covered: 4 Best Practices from a Policyholder Perspective 

A corporate crisis is an event that has the potential to cause material harm to a company’s reputation or bottom line. Typically, these crises have a potential liability element, whether because of negligence, oversight,...more

New Jersey Superior Court Issues New Rules for Complex Business Litigation

Insurance coverage litigation can be lengthy and is usually complex, and these characteristics are only exacerbated by the need to comply with often arcane state law rules of procedure. New Jersey, long a hotbed of insurance...more

Hurricane Florence: Evaluating Business Interruption Claims Following a Large-Scale Disaster

Storms like the one that recently caused widespread devastation in the Carolinas leave behind challenging questions about business interruption insurance coverage. Quantifying a policyholder’s business interruption loss is...more

Hurricane Florence: Insurance Recovery Tips

In the wake of Hurricane Florence, a thorough understanding of the coverage available, the facts surrounding the loss, and the applicable law can often be key to maximizing insurance recovery. Sub-limits for flood and...more

Hurricane Florence: Is Your Company Prepared for a Disaster?

The Property and Business Interruption Insurance Checklist - An unexpected or catastrophic loss can force any company out of business, even if it is insured. You must understand your company’s risks and how your insurance...more

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