Commercial Insurance Policies

News & Analysis as of

Conclusory Allegations Held Insufficient to Support Declaratory Relief on Right to Independent Counsel or Allocation of Defense...

In Centex Homes v. St. Paul Fire & Marine Ins. Co. (No. E060057, filed 5/22/15), a California Court of Appeal held that a developer’s declaratory relief lawsuit seeking a declaration of the right to independent counsel was...more

Minding Your (Policy) Language – Indiana Supreme Court Certifies Pro Rata Allocation Ruling From Lower Court

Courts have struggled between two approaches on how to allocate damages when multiple, consecutive CGL policies have been triggered in situations involving continuous injury or property damage. The majority approach, pro rata...more

Is that Covered? Data Breach

With all of the data breach issues in the news, we thought that this decision might be of interest to you. The Connecticut Supreme Court today affirmed a lower court ruling denying coverage to IBM for more than $6 million in...more

Using Drones On Your Construction Project - Are You Ready?

There are many potential uses for drones in the construction industry, such as for site selection, surveying, and real-time work inspections. If you are thinking about using a drone in your construction operations, there are...more

The New Terrorism Risk Insurance: Still a Cost of Doing Business

TRIA is back. - On November 26, 2002, in the wake of the September 11th attacks, President Bush signed the Terrorism Risk Insurance Act of 2002 (TRIA), and with it, breathed life into a new player in the catastrophic...more

Insurance Coverage for Cyberliability: An Emerging Market

Most businesses understand that their exposure to cybercriminals is not a question of “if,” but “when.” With leaks and hacks on the rise, companies have started looking to insure against potential losses. Companies may look...more

Addressing Cyber Attacks and Data Breaches in Supplier Contracts - Part 2: How are Limits of Liability Evolving, with Respect to...

Ten years ago, most "buyers/customers" expected their suppliers to absorb unlimited contractual liability if the supplier was responsible for a breach affecting the customer's data. Today, while customers may continue to...more

Technology Companies: When a Product Complaint Arises, Will Your Insurance Cover the Claims?

- Sometimes, technology products contain flaws. - Purchasers may complain to the manufacturer about the flawed products, and some complaints become multi-million dollar liabilities. - After receiving such a...more

California’s “Independent” Cumis Counsel Regime Faces A Novel Challenge

On May 5, the California Supreme Court will hear argument in a case that has the potential to profoundly change the relationship between the insurer, its insured and the insured’s independent defense counsel under Civil Code...more

Can One Bad Apple Spoil the Bunch?

According to their recent press release, Intrexon Corp (NYSE:XON) recently purchased a Canadian specialty food producer, namely Okanagan Specialty Fruits Inc., the inventor of the “Arctic®” apple. ...more

Letters of the Law: 'H' is for Handing Over

Getting in, getting on and getting out is how contractors make their money and having a completed project to put to use is how employers make theirs. Getting to the point of handing over the works is, usually, high priority...more

New UK Insurance Act to come into Force in 2016 - The Biggest Shake Up of Commercial Insurance Law in Over a Century

The new Insurance Act will come into force on 12 August 2016. The new Act is designed to provide a more up to date framework for commercial insurance in England and Wales,, with a focus on transparency and certainty over the...more

Mind the Gap! Avoiding Unexpected Gaps in Insurance Programs

No one insurance policy covers all liability risks. Risk managers expect to purchase several types or layers of insurance to cover different types of insurance liabilities, to provide sufficient limits for a catastrophe loss,...more

Policy Language Aside, Insurer is Obligated to Pay in California

A California appellate court found that an insurer’s delay in resolving and denying a claim under a commercial property liability insurance policy excused the property owner from satisfying a condition precedent to coverage,...more

California Court of Appeal Limits Scope of Agent's Immunity Rule Based on "Special Relationship" Between Insurers and Insureds

On April 2, 2014, the California Court of Appeal, First Appellate District, published an opinion that limits the scope of the agent’s immunity rule insofar as it applies to employees of insurers involved in investigating...more

Insurance Review (Australia) - February 2015

In This Issue: - REGULATORY: - The Financial System Inquiry - Insurance Reform In The UK - CYBER: - Top Five Privacy And Cyber Predictions, Trends And Issues Impacting Insurers In 2015 And...more

Intellectual Property Exclusion Bars Coverage for Unauthorized Use of Famous Inventor’s Name to Sell Toys

In Alterra Excess & Surplus v. Estate of Buckminster Fuller (No. A140453, filed 3/9/15), a California Appeals Court held that an ISO policy’s exclusion for intellectual property unambiguously barred coverage for a Lanham Act,...more

Maximizing Insurance Coverage for CFPB Investigations and Enforcement Actions

Seven years removed from the 2008 financial crisis, an increasing number of financial institutions are now finding themselves in the crosshairs of the Consumer Financial Protection Bureau (“CFPB”), a new federal agency...more

A Primer on Insurance Coverage Issues under the Telephone Consumer Protection Act

In the past several years, plaintiffs’ attorneys around the country have exploited a once-unknown 1991 law, the Telephone Consumer Protection Act (“TCPA”), to obtain headline-grabbing, multimillion-dollar judgments and...more

California: Service of Suit Endorsement Trumps Forum Selection Clause in Case Involving Product Recall Due to Contamination.

On February 5th in a case involving the recall of over $500,000 worth of oyster products made from Korean shellfish, the Southern District of California held: (1) that the policy’s service of suit clause, which gave the...more

Texas Court Holds No Duty to Defend Claims of Monopolistic Practices

In its recent decision in Uretek United States v. Cont’l Cas. Co., 2015 U.S. Dist. LEXIS 18610 (S.D. Tex. Feb. 17, 2015), the United States District Court for the Southern District of Texas had occasion to consider a general...more

Cybersecurity Insurance – One Size Does Not Fit All

With headlines of data breach incidents becoming a weekly, if not daily occurrence, it’s not surprising that many companies are considering whether they should purchase cybersecurity insurance, if they haven’t already. The...more

Part 36 Offer Taken Into Account On Costs Even Though Beaten At Trial

In Sugar Hut Group Ltd & ors v AJ Insurance [2014] EWHC 3775 (Comm) Eder J applied the court's general discretion to decide on the appropriate costs payable to a successful claimant. CPR Part 44 was applied to take into...more

Undercover of the Night – Hacking, Data Breaches And The Terrorism Exclusion

In recent years, there have been several notable large data breaches that have caught the attention of the media. Home Depot and Target are examples of major corporations that have been hacked. ...more

3 Insurance Pitfalls That Can Put Your Law Practice At Risk

In 2011, I had to deal with a house fire that destroyed my entire home. Traumatic as that was, I learned some valuable lessons from that experience. So many, if act, that they cannot easily be covered in just one article....more

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