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
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
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
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
10/7/2022
/ Cal Code of Civil Procedure ,
California ,
Civil Claims ,
D&O Insurance ,
Employment Practices Liability Insurance (EPLI) ,
Insurance Industry ,
New York ,
Penal Code ,
Sexual Assault ,
Statute of Limitations ,
Time-Barred Claims
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
9/30/2022
/ Business Interruption ,
Commercial Insurance Policies ,
Documentation ,
FEMA ,
Hurricane Season ,
Infrastructure ,
Insurance Claims ,
Insurance Industry ,
Loss Mitigation ,
Natural Disasters ,
Property Damage ,
Property Insurance ,
Reimbursements ,
Severe Weather
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
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
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
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
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
“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
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
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
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
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
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
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
Welcome to the latest edition of Pillsbury’s Perspectives on Insurance Recovery. As this 2015 edition of Perspectives demonstrates, our team is working on the most challenging issues—from cyber-insurance and complex claims...more
7/21/2015
/ Bad Faith ,
Certificate of Insurance ,
Commercial Property Owners ,
Construction Contracts ,
Cyber Insurance ,
Cybersecurity ,
D&O Insurance ,
Duty to Defend ,
Earthquake Insurance ,
Errors and Omissions Policy ,
False Claims Act (FCA) ,
Indemnification Clauses ,
Insurance Industry ,
Limitation of Liability Clause ,
Litigation Fees & Costs ,
Mergers ,
Notice Requirements ,
Policy Exclusions ,
Professional Liability ,
Property Damage ,
Property Insurance ,
Storm Water ,
Subrogation
The general rule in New York is that a certificate of insurance (COI), by itself, does not provide insurance coverage. That means that businesses that rely solely on COIs as evidence of their status as additional insureds...more