The war exclusion has received a lot of attention over the past year, particularly since Russia invaded Ukraine in February. Policyholders’ concern that insurers will assert the exclusion as a basis to deny coverage is...more
7/15/2022
/ Casualty Insurance ,
Cyber Attacks ,
Cyber Insurance ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms ,
Property Insurance ,
Ransomware
The “war” exclusion has gotten more attention over the past couple of weeks in light of Russia’s invasion of Ukraine. For good reason. This exclusion, common in property and liability policies alike, typically eliminates...more
3/15/2022
/ Contract Interpretation ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Malware ,
Policy Exclusions ,
Property Insurance ,
Ransomware
Corporate policyholders often assume their computer fraud crime insurance will cover so-called social engineering thefts. Reasonably so. Fraudsters commit these crimes by using computers to trick innocent employees into...more
The cannabis industry has flourished, along with it the cannabis insurance market has grown. As more carriers write cannabis coverage, there are still gaps in available coverage. Ensuring your cannabis business has the right...more
Now that the CCPA is in effect, some companies will need to revise their policies.
The cyber insurance markets are beginning to adapt to the new California Consumer Privacy Act (CCPA) which went into effect on January...more
2/25/2020
/ California Consumer Privacy Act (CCPA) ,
Commercial General Liability Policies ,
Consumer Privacy Rights ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Personally Identifiable Information ,
Policy Exclusions ,
Popular ,
Privacy Laws ,
Risk Assessment
Recent wildfires in California Wine Country, particularly those that devastated parts of Napa and Sonoma counties in October 2017, have focused attention on whether insurance covers smoke taint damage to grapes and...more
2/4/2020
/ Agricultural Sector ,
Commercial General Liability Policies ,
Crop Insurance ,
Crops ,
Denial of Insurance Coverage ,
Insurance Industry ,
Policy Exclusions ,
Property Damage ,
Property Insurance ,
Wildfires ,
Wine & Alcohol ,
Wineries
In Pitzer College v. Indian Harbor Insurance Company, the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule is a fundamental public policy of...more
9/18/2019
/ Appeals ,
Breach of Contract ,
CA Supreme Court ,
Choice-of-Law ,
Commercial General Liability Policies ,
Consent ,
Contamination ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Late Notices ,
Notice Prejudice Rule ,
Notice Requirements ,
Policy Terms ,
Public Policy ,
Remediation ,
Summary Judgment ,
Third-Party Liability
In November, Tyler wrote about insurance issues raised by both the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act, which goes into effect on January 1, 2020. California’s...more
1/7/2019
/ Bodily Injury ,
California Consumer Privacy Act (CCPA) ,
Commercial General Liability Policies ,
Connected Cars ,
Connected Items ,
Cyber Attacks ,
Cyber Insurance ,
Data Security ,
Denial of Insurance Coverage ,
Denial of Service Attacks ,
Errors and Omissions Policy ,
General Data Protection Regulation (GDPR) ,
Governor Brown ,
Hardware ,
Insurance Brokers ,
Internet of Things ,
Internet Service Providers (ISPs) ,
Manufacturers ,
New Legislation ,
Personally Identifiable Information ,
Popular ,
Property Damage ,
Retailers ,
Risk Mitigation ,
Software ,
Technology Sector
A federal district court in Florida has ruled that a claim against a policyholder arising out of a hacker’s theft of confidential credit card information was not covered under a commercial general liability (CGL) policy. St....more
10/2/2018
/ Commercial General Liability Policies ,
Corporate Counsel ,
Credit Cards ,
Customer Information ,
Cyber Insurance ,
Data Breach ,
Denial of Insurance Coverage ,
Hackers ,
Negligence ,
Policy Terms ,
Publication Requirement