News & Analysis as of

Loss Causation Insurance Industry

J.S. Held

Understanding Scaffold Failures: Causes & Prevention

J.S. Held on

INTRODUCTION: OVERVIEW OF SCAFFOLD COLLAPSES & FAILURES - A scaffold is a simple and temporary structure, erected to facilitate the construction or remediation of a main structure, but it may not be given the attention in...more

Lathrop GPM

Excuse the Interruption

Lathrop GPM on

All eyes are on the New Jersey Supreme Court as we await oral arguments on the latest business interruption coverage dispute. In the lawsuit, an Atlantic City casino, Ocean Walk, seeks reimbursement for costs incurred during...more

Wiley Rein LLP

Settlement of Merger Objection Litigation is Not Covered “Loss”

Wiley Rein LLP on

In a win for Wiley’s client, a California trial court has determined that a pharmaceutical company’s D&O policies did not cover its settlement of shareholder litigation alleging that the price another company paid to acquire...more

McCarter & English, LLP

A Tale Of Two Policies: How Careful Interpretation Impacts Coverage Determinations

Two recent COVID-19 insurance decisions highlight how different interpretations of the same few policy words can result in one policyholder losing the coverage for which it paid. In Henderson Road Restaurant Systems, Inc. v....more

Fox Rothschild LLP

NC Court Rules Business Interruption Insurance Policies Cover Pandemic Losses

Fox Rothschild LLP on

Back at the start of the pandemic, this Blog took a brief look at how the anticipated flood of business interruption insurance claims might play out under North Carolina Law: These cases are now winding their way through...more

Ervin Cohen & Jessup LLP

Ruling May Shed Light On Physical Losses and COVID-19

In the context of the numerous lawsuits have recently filed by policyholders seeking compensation for lost business income occasioned by the pending pandemic, a key issue will be whether those policyholders have suffered...more

Mintz - Securities & Capital Markets...

Federal Court Holds That Lack of Loss Causation Is Not a Defense Under Massachusetts Blue Sky Law

The United States District Court for the District of Massachusetts recently held in Massachusetts Mutual Life Insurance Co. v. Residential Funding Co., LLC, that lack of loss causation is not available even as an affirmative...more

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