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Misrepresentation Commercial Insurance Policies

Rivkin Radler LLP

September 2024 Insurance Update

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In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of...more

Foley & Lardner LLP

How Companies Can Audit Insurance Policies to Determine PFAS Coverage

Foley & Lardner LLP on

Companies operating in the food and beverage industry are dealing with PFAS-related issues on a daily basis. So far, twelve states have passed legislation regulating PFAS, and each of those twelve states explicitly targets...more

K&L Gates LLP

OnRisk: The Misrepresentation Defense

K&L Gates LLP on

In this episode of OnRisk, K&L Gates attorneys Carolyn Branthoover and Max Louik discuss the misrepresentation defense, also known as the rescission defense, a defense that insurers have been aggressively pursuing in recent...more

Dickinson Wright

Contaminated Product Insurance Policy Held Void Due To Insured’s Misrepresentations

Dickinson Wright on

A federal appeals court recently held void a product contamination policy issued to H.J. Heinz Company on the basis that Heinz failed to disclose previous contamination claims on its insurance application. In 2014, Heinz...more

Carlton Fields

Complaint Fails To Overcome Heightened Pleading Standard For Fraud Relating To Reporting Of Reinsurer’s Losses

Carlton Fields on

The Southern District of New York granted Amtrust Financial Services’ motion to dismiss after finding that the plaintiff failed to specifically allege misstatements or omissions necessary to prove scienter in claims related...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - July 2015

In the Context of a Bad Faith Claim, Insurer’s Defense That Coverage Denial Was Reasonable Put at Issue Otherwise Protected Attorney-Client and Work Product Communications - Why it matters: Recognizing the “conflicting...more

K&L Gates LLP

The Devil in the “Cyber” Insurance Details

K&L Gates LLP on

There’s a tempest amidst the recent spring shower of “cyber” insurance cases. It isn’t the Recall Total case reported the week before last, or the Travelers v. Federal Recovery Services case reported the week before. While...more

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