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Policy Terms

Cyber-insurance and Employee Data Breaches: Part 4

by Bryan Cave on

A large portion of the hundreds of data breaches and thousands of data security incidents that occur each year involve human resource related issues. This includes situations in which HR data was lost, employees were...more

You have an Environmental Insurance Policy. Do you know what the fine print says?

THINK YOU CAN MAKE A CLAIM ON YOUR ENVIRONMENTAL INSURANCE POLICY? You better read the fine print first. *Due Diligence – The mantra is often repeated - take initiative, be proactive. For a variety of reasons a...more

Summary Judgment Win for Insurer in “Stable Value” Interest Rate Setting Case

by Carlton Fields on

In July, MetLife obtained a win in the Northern District of Illinois when the court granted summary judgment in its favor on a claim that it had breached the duty of good faith and fair dealing in setting interest rates for a...more

Sticking Firmly to Contract Terms, Court Dismisses Premium and COI Overcharge Claims

by Carlton Fields on

In July, in Hancock v. Americo Financial Life & Annuity Co., Americo achieved a total victory on its motion to dismiss a putative class action in the Eastern District of North Carolina that challenged its premium and COI...more

Georgia Federal Court Rules on Questions of Efficient Proximate Cause, Manifestation/Continuous Trigger and Pro Rata Allocation of...

by Carlton Fields on

In ACE American Ins. Co. v. Exide Technologies, Inc. and The Wattles Co., No. 1:16-CV-1600-MHC (N.D. Ga. Sept. 20, 2017), the Federal District Court for the Northern District of Georgia applied a continuous trigger theory to...more

Applied Underwriters, Inc., Loses Argument To Enforce Mandatory Forum Selection Clause In Reinsurance Contract

by Carlton Fields on

On September 12, the District Court for Connecticut denied a motion to transfer predicated on a mandatory forum selection clause in a reinsurance contract. The contract was one of several entered into by Applied Underwriters,...more

Insurance News - Part II: FAQs for Restoring Order After the Wind and Rain Have Gone

by Cohen & Grigsby, P.C on

Recent experiences have demonstrated that commercial policyholders who document their losses and seek to pursue coverage promptly and diligently will stand the greatest chance of maximizing their insurance recoveries for...more

Insurance News - Part I Frequently Asked Questions

by Cohen & Grigsby, P.C on

As we recover from Hurricane Irma, many of us are counting on help from our insurance companies to which we have paid hefty premiums. With this in mind, we have compiled a short list of frequently asked questions that you may...more

Eastern District of New York Upholds Flood Exclusion in Superstorm Sandy Case

Nearly five years after Superstorm Sandy, some consistent themes are beginning to emerge from the increasingly robust body of property coverage case law related to the storm. A recent decision from the Eastern District of New...more

Alabama Federal Court Finds Cedent Did Not Waive Arbitration, And Orders Reinsurance Dispute To Be Arbitrated

by Carlton Fields on

Alabama Municipal Insurance Corp. (“AMIC”), an Alabama non-profit public insurer, brought suit in Alabama federal court against Munich Reinsurance America Inc. (“Munich Re”), alleging breach of a reinsurance contract for...more

Hurricane Harvey, the Texas Supreme Court, and Anti-Concurrent Causation

Many commercial and residential property insurance claims arising from major hurricanes like Hurricane Harvey present damage caused by multiple causes of loss, some of which may be covered (e.g., wind) and some of which may...more

Hurricane Irma: Florida Commercial Insurance Claims for Loss of Power Damages

by K&L Gates LLP on

Hurricane Irma left millions of businesses in the Southeastern United States without electricity for days and in some instances more than a week. This undoubtedly impacted the more than 2,000 aerospace and aviation companies...more

After Hurricane Irma, It May Be Property Owners Against Insurers

Hurricane Irma made a mess of Florida as it slammed into the Keys and pushed its way up the west coast, uprooting trees, destroying neighborhoods and costing lives. We all must now go forward and rebuild what is left....more

Labor Depreciation Class Action: New Eighth Circuit Decision

This week the Eighth Circuit issued its long-awaited decision in a class action against State Farm involving the “labor depreciation” issue that I have covered extensively on this blog. State Farm prevailed on both the merits...more

Navigating Florida Property Coverage Waters After Hurricane Irma

by Carlton Fields on

As the waters recede from Hurricane Irma, there are many issues for property insurers to consider as they adjust claims in Florida, including unique issues raised by assignment of benefits, Florida law on concurrent...more

Adjusting Claims in Florida Following Hurricane Irma

by Carlton Fields on

As the waters recede from Hurricane Irma, property insurers have many issues to consider as they adjust claims in Florida. This alert discusses a few of those issues. Claims Reporting - The Florida Office of Insurance...more

Beware of Prior Act Exclusions and Retroactive Dates When Procuring or Renewing Coverage

An 11th Circuit decision issued earlier this year serves as a reminder of the importance of carefully evaluating time-based exclusions and retroactive dates when procuring or renewing coverage. Liability policies such as...more

More “Additional Insured” heartache

by Butler Snow LLP on

We’ve chronicled some of the ways in which an “Additional Insured” can be disappointed. The most recent is from Pennsylvania, where the United States District Court Judge agreed with the Magistrate that the Additional...more

Despite No Allegations of Bad Faith or Tortious Conduct, Liberty Mutual Owes Millions for Breaching the Duty to Defend

by Carlton Fields on

In Hyland v. Liberty Mutual Fire Ins. Co., No. 1:15-cv-01264-JES-JEH, 2017 WL 3388161 (C.D. Ill. Aug. 7, 2017), the U.S. District Court for the Central District of Illinois granted plaintiff’s motion for summary judgment for...more

Understanding Business Interruption Insurance and Wide-Impact Catastrophes

In the wake of Hurricanes Harvey and Irma, policyholders can expect insurers to put forward strong objections to some of the most consequential claims asserted by insureds. - Takeaways - In construing policy language...more

California Court of Appeal Issues Important Decision Impacting When Policyholders Can Tap Into Excess Insurance

by Payne & Fears on

In Montrose Chemical Corporation of California v. Superior Court , ___ Cal. App. 4th ___, No. B272387, 2017 WL 3772568 (Cal. Ct. App. Aug. 31, 2017), the California Court of Appeal issued a decision that has the potential to...more

Texas Department of Insurance Issues Additional Bulletins Relating to Hurricane Harvey

Last week, we wrote a post about a number of bulletins of potential interest to property insurers issued by the Texas Department of Insurance concerning the appropriate conduct of those involved in the insurance claims...more

Hurricane Harvey Recovery Tips for Maximizing Coverage

San Francisco Darren Teshima, Co-Leader of Orrick's Complex Litigation and Dispute Resolution practice, litigates high stakes disputes on behalf of clients in the financial and technology sectors and advises corporate...more

Following Series Of Procedural Battles, Bankruptcy Court Sends MF Global Holdings Dispute To Arbitration In Bermuda

by Carlton Fields on

In the latest opinion arising from a coverage dispute following MF Global Holdings’s bankruptcy, the Bankruptcy Court in the Southern District of New York sent the dispute to arbitration in Bermuda pursuant to the underlying...more

Softening a Hurricane’s Blow: Force Majeure and Builder’s Risk

by Gray Reed & McGraw on

Hurricane Harvey caused severe destruction in Texas with its significant winds and historic rainfall. But Harvey may also prove to be a costly lesson for many project owners and contractors. As Texas begins to focus on...more

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