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Insurance and Reinsurance Update: Re-reading the Riot Act (again): Police liable for consequential losses under the Riot (Damages)...

As if a lecture at the Police Federation Conference from the Home Secretary wasn't enough, the police have also this week received the Court of Appeal's reading of the riot act. In a decision that opens the door for insurers...more

Unanimous Wisconsin High Court Sustains Broad Asbestos Exclusion That Comprehensively and Unambiguously Bars Coverage for Any...

In Phillips v. Parmelee, 2013 WI 105 (December 27, 2013), the Wisconsin Supreme Court rejected the argument that a broad asbestos exclusion in a business insurance policy was ambiguous. A unanimous court ruled that a real...more

Scope Of Appraisal Continues To Be Problematic In Texas

Despite the statement by the Texas Supreme Court in State Farm Lloyds v. Johnson that the scant precedent involving disputes about the scope of appraisal suggests that appraisals generally resolve such disputes,” both...more

Florida Court Holds Assault and Battery Exclusion Applicable to Negligence Claims

In its recent decision in Tower Ins. Co. of New York v. Blocker, 2013 U.S. Dist. LEXIS 98296 (M.D. Fla. July 15, 2013), the United States District Court for the Middle District of Florida had occasion to consider the scope...more

Know Your Rights - 10 Actions To Ensure Your Wildfire Insurance Claim is Timely and Fairly Adjusted

The recent wildfires raging through Colorado have once again proven tragic for our state. The 2013 wildfire season has already led to loss of life, property and, in many cases, revenue. For many, insurance will provide the...more

Unprecedented Flooding in Alberta, Canada: Insurance Coverage for Property Damage, Loss of Business Income and Extra Expenses

Three days of unusually heavy rainfall has caused extensive flooding in Alberta, Canada. Calgary, the epicenter of Canada’s energy industry, was particularly hard hit, with flooding of the city itself and widespread loss of...more

Insurance Recovery Law -- Jun 12, 2013

A Return to the Basics - Reading, understanding and interpreting an insurance policy can get pretty complicated. Coverage, exclusions, definitions, notice requirements, time limits – every provision of a policy can be...more

Massachusetts Mandates Prompt Investigation, Encourages Insurers to Offer Deadline Extensions to Bombing Victims

On Monday of this week, the Massachusetts’s Division of Insurance issued a bulletin mandating prompt investigation of business interruption, property damage and medical insurance claims by policyholders victimized by the...more

Connecticut Supreme Court Relieves Insurer of Duty to Defend Personal Injury Suit against Additional Insured

In an issue of first impression, and a rare opinion about insurance coverage, the Connecticut Supreme Court addressed whether an insurer has a duty to defend an additional insured when the complaint in the underlying personal...more

Supreme Court of Florida Holds That Economic Loss Doctrine Applies Only to Product Liability Cases

In a recent decision likely to significantly expand the use of tort law in areas previously restricted to contract law, the Supreme Court of Florida limited application of the economic loss doctrine to product liability...more

Theft of Your Property While Contractors Have Access to Your Facility: Does Your Insurance Cover It?

Business owners routinely grant access to company facilities and property to third-parties for many reasons, from cleaning and organizing a warehouse to inspecting and repairing machinery. In the course of these business...more

California Court Addresses Payment of Self-Insured Retention

In its recent decision in National Fire Ins. Co. of Hartford v. Federal Ins. Co., 2012 U.S. Dist. LEXIS 641 (N.D. Cal. Jan. 4, 2012), the United States District Court for the Northern District of California had occasion to...more

Coverage for the Thailand Floods: Learning Lessons From Earlier Catastrophes

As the flooding news from Thailand drags on, businesses must look to the lessons that past disasters can teach us - the Sendai earthquake and tsunami last March (the "Sendai Event"), Hurricanes Katrina and Rita, and even...more

Texas Insurance Law Newsbrief: Special Report: Texas Wildfires & Valued Policy Claims

In this Special Report, the TILN looks at valued policy law in Texas and "liquidated" claims for policy proceeds. We anticipate that the claims arising from the fires will bring these issues to the forefront for insurers and...more

Commercial Betterment: Why client money shouldn´t grow on trees.

Conventional Damages analyses are further complicated in cases of commercial loss where the compensation of the loss may result in a net gain to the Plaintiff. The law in Ontario as laid out by the Court of Appeal in James...more

A Year of Unprecedented Tornadoes and Floods — And How Insurance Helps Companies Rebuild

Originally published in Risk Management Monitor, June 17, 2011. As floodwaters have threatened Missouri communities along the Mississippi River, and as the town of Joplin, Mississippi, reels from the recent devastating...more

How Insurance Can Help Businesses Rebuild

Originally published in Law 360 - June 13, 2011. As flood waters have threatened Missouri communities along the Mississippi river, and as the town of Joplin reels from the recent devastating tornado, the residents of...more

Mississippi River Flooding: Insurance Can Help Cover Cost to Rebuild

As flood waters successively threaten communities along the Mississippi River, the residents are quite appropriately absorbed with efforts to save lives and minimize damage to homes, businesses, and lives. But, eventually the...more

Maximize Your Insurance Recovery for Losses from Tornadoes, Floods and Other Natural Disasters

Tornadoes recently ravaged much of the southeastern United States, leaving unprecedented destruction in their wake. Early estimates indicate that in addition to the tragic loss of life, the recent tornadoes may have caused...more

No Duty to Defend Alleged Negligent Training Claim Under Simulator Training School's Premises Liability Coverage

In Pekin Insurance Company v. Recurrent Training Center, Inc., -- N.E.2d --, 2011 WL 1515516 (Ill. App. Ct. April 20, 2011), the Appellate Court of Illinois affirmed a trial court's decision on summary judgment that no duty...more

Disaster and Business Interruption Coverages in the Wake of the Earthquake and Tsunami

The human toll from the catastrophes caused by earthquake and tsunami devastating the east coast of Japan has numbed the world. Obviously, the immediate collective focus must be on aiding the survivors and controlling the...more

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