Commercial Insurance Policies

News & Analysis as of

APRA releases Insight report on the life insurance and general insurance markets

APRA has released its second Insight report into the life insurance and general insurance markets for 2014. In terms of the general insurance markets, APRA makes a number of interesting observations....more

How Much Do I Know About Insurance and Arizona Business?

Is there one insurance policy to cover all of my risks? No. Insurance is the sale of certain risks in exchange for a premium. No policy buys all the risks a business faces. How many policies do I...more

Ebola Exclusions from Commercial Insurance Policies

Last week we wrote about a new business interruption insurance policy that is being rolled out to healthcare providers which will provide specific coverage for various ebola-related losses. This week we note that some...more

Mind the Details: Make Sure your WRAP Coverage is Done Right

A client recently asked for advice about insuring their development project with a wrap insurance policy. As we talked through the pros and cons, I was reminded of the intricacies of wrap insurance products. Undoubtedly,...more

Use of Transactional Insurance Remains on the Rise

An interesting recent trend in the M&A space is the continued increase in the use of transactional insurance policies in M&A deals, particularly coverage for representations and warranties. Much of this growth has been driven...more

Key Questions to Ask When Preparing a Data Breach Response Plan (Part II)

Following up on last week’s post, we return to the wide range of questions about a company’s operations that can guide a team building a data breach response plan to cover many of the risks encountered in the wake of a...more

Insurance recovery issues following Vietnam unrest

Recent turmoil and violence at manufacturing parks throughout Vietnam over the last few weeks is impacting both local and global manufacturers and the complex supply chains currently utilised by MNCs could mean relatively...more

Slip and Fall Accidents and Store Owner Liability

What happens if you slip or trip and fall in a department store, grocery store, or mall in the San Fernando Valley? Do you have a legal claim? Should you contact a personal injury attorney?...more

Seeking (and Finding) Coverage for Proposition 65 Claims

Navigating California’s Safe Drinking Water and Toxic Enforcement Act of 1986—better known as Proposition 65—is becoming an increasingly difficult endeavor for California-based companies and companies that do business in...more

Liability Of A Truck Broker In Catastrophic Personal Injury Cases

In the vast majority of personal injury and wrongful death cases involving commercial motor carriers the insurance limits for the motor carrier are sufficient to cover the loss given the required $750,000 minimum limits...more

Third Circuit Holds No Coverage for Cleanup of Decomposing Body

In its recent decision in Certain Underwriters at Lloyds v. Creagh, 2014 U.S. App. LEXIS 6853 (3d Cir. Apr. 14, 2014), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion to...more

Recent Case Advances Ninth Circuit Law on Pleading Diversity of Citizenship on Information and Belief

Insurers frequently file coverage actions in federal court, and when they do, jurisdiction is often predicated on diversity. Pursuant to 28 U.S.C. § 1332(a), a federal district court has original jurisdiction of a civil...more

Texas Supreme Court Holds “Contractual Liability” Exclusion Inapplicable

In a long and highly anticipated decision issued today, the Texas Supreme Court held that a standard “contractual liability” exclusion does not void coverage for claims alleging that a contractor failed to construct a project...more

New Zealand's Highest Court Makes Life Difficult for D&O Policyholders (and Their Insurers)

The Supreme Court of New Zealand (Court) last month handed down the latest in a series of decisions, both in New Zealand and Australia, relating to the enforceability of 'statutory charges' over insurance monies – and it is...more

Redial; Third Circuit Again Rules that TCPA Claims Are Not Covered Under a CGL Policy

On January 9, 2014, the Third Circuit Court of Appeals again held that an insurance policy issued to class action defendants did not provide coverage for a claim brought under the Telephone Consumer Protection Act (TCPA)....more

Pennsylvania Court Holds Defectively Designed Windows and Doors May Give Rise to an “Occurrence”

On December 3, 2013, the intermediate Pennsylvania Court of Appeals decided Indalex, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, and concluded that an “occurrence” under a commercial umbrella liability policy may...more

No Need of Injury to Others' Property to be an "Occurrence" under a CGL Insurance Policy

In an opinion last week that could have far reaching ramifications in the construction industry in the insurance coverage context, the Supreme Court of Georgia ruled that an "occurrence" under a standard Commercial General...more

Got insurance?

Popping up on more investors’ list of demands is quality insurance coverage, writes private equity lawyer Heidi Lawson, who outlines some common mistakes GPs make when purchasing their policies. As in years past,...more

Rogers Towers: First Thoughts on Recent Changes to Florida’s Economic Loss Rule

The Supreme Court of Florida recently blurred the lines between contract and tort law in a case involving breach of contract and negligence claims between an insured and its insurance broker. The Court used this vehicle to...more

“Always on Your Mind” – Why Insurance Considerations Should be an Integral Part of Overall Loss Prevention Strategy

Over the past several years, businesses of all sizes have witnessed a proliferation of risks to their bottom lines, both from potential direct losses such as property damage and business interruption, and from potential...more

Insurers: Does Your Policy Contain a Broadly Worded EIFS Exclusion? If You’re in Washington, You Might Be in Luck!

Recently, Washington courts have issued a number of opinions resolving a variety of issues against insurers. For instance, the Washington Supreme Court presumed that there is no attorney-client privilege in a bad-faith suit...more

How to Read an Insurance Policy

While insurance policies may look the same in structure at first glance, each policy is unique and contains terms, conditions, and definitions that may be different from other policies. Many insurers will utilize a standard...more

Twin Towers: Two Events, Two Occurrences under English law

In the recent case of Aioi Nissay Dowa Insurance Company Ltd v Heraldglen Ltd & Advent Capital (No 3) Ltd [2013] EWHC 154 (Comm), 8 February 2013, the English Commercial Court upheld an arbitration tribunal’s award that the...more

Auto Notes -- February 2013

In This Issue: "Insuring Your Dealership: Do I Really Need Garage Liability and Garagekeeper's Insurance?" and "The American Taxpayer Relief Act"...more

A Supplemental Whitepaper Addressing Sandy’s Impact on Commercial and Residential Property Owners and Construction Companies

Superstorm Sandy, which made landfall near Atlantic City, N.J. on October 29, 2012, brought virtually unprecedented destruction to a large swath of the northeastern United States including, in particular, coastal New Jersey,...more

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