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Under the Right Circumstances: Some Considerations for Submitting a Notice of Circumstances

An oft-repeated maxim in self-help literature is: “Do not let your circumstances define who you are.” In a similar vein, policyholders should proactively manage situations in which known circumstances may potentially give...more

New York Amends Recently Enacted Comprehensive Insurance Disclosure Act Requirements

Defendants in New York state court must now produce insurance information in newly filed lawsuits within 90 days of answering the complaint. While the extent of the insurance disclosure requirements has been narrowed, and...more

New York Enacts Sweeping New Insurance Disclosure Requirements for State Court Litigants

Amendments to CPLR § 3101(f) now require the disclosure of voluminous information including insurance applications and information about other claims. Defendants in New York state court must produce extensive...more

Flooded by Ida? Many Policyholders Can Expect Increased Premiums for Flood Insurance

After hitting the shores of Louisiana with winds of up to 172mph in late August, Hurricane Ida’s remnants barreled up to the northeastern United States, leaving waves of destruction in its wake. The deluge of rain—more than...more

K.C. Hopps Holds That Juries—Not Judges—Should Decide if Coronavirus Causes Physical Loss or Damage

The presence of virus on the premises that renders the property unsafe can cause physical loss or damage and trigger property coverage without any distinct, demonstrable physical alteration. Juries, not judges, get to...more

New York Bad Faith Bill Targets Insurers Behaving Badly

When Frank Sinatra famously sang “if I can make it there, I’ll make it anywhere,” he was probably not crooning about making a claim for insurer bad faith. New York has indeed acquired a reputation as a difficult place to...more

COVID-19 Business Interruption Losses: Time is of the Essence to Pursue Coverage

“Service of Suit” limitation period to file is less than a month away - Many insurance policies have various limitation periods and exclusions built into them. One such limitation period is known as a “service of suit”...more

Studio 417 Finds Potential Coverage for COVID-19 Losses Under the “Plain and Ordinary Meaning” of “Physical Loss or Physical...

As the COVID-19 public health crisis continues to surge globally, the insurance industry has largely closed ranks behind the position that, with few exceptions, commercial property policies are “not designed” to cover...more

Cannabis Legalization in New Jersey: Insuring the Garden State’s Plants

New Jersey’s greatest contribution to American rock ’n’ roll, Bruce Springsteen, was nearly relegated to obscurity by a marijuana bust involving his bandmates. Rock legend has it that one of The Boss’ early bands, the...more

The Times They Are A-Changin’ for Cannabis Insurance

Like Bob Dylan, marijuana has gone from symbol of 1960s counter-culture to mainstream appeal. It is telling that Lloyd’s of London (which reportedly insures Mr. Dylan’s vocal chords) has also recently announced that that it...more

Perspectives on Insurance Recovery - Summer 2018

Expanding the Boundaries of Coverage in the Face of Evolving Risks - Advances in technology, social change, new regulations—developments like these challenge companies’ risk-mitigation efforts and insurance programs. As the...more

New York High Court Gives the Bronx Cheer to Insurers’ Pro Rata Allocation and Exhaustion Arguments

Over time, New York’s courts have erected multiple barriers to policyholders seeking to recover insurance for long-tail, progressive injury claims—such as environmental or asbestos liabilities—that can implicate multiple...more

When Attorneys General Attack: Cybersecurity Investigations and Related Insurance Coverage Issues

Are criminal cyberattacks increasing in sophistication and frequency? Yes. Is every company, in every industry, that collects or stores sensitive customer, employee, or business data vulnerable to cyberattacks?...more

When Attorneys General Attack: AGs’ Aggressive Investigation of Climate Change Disclosures, and Getting Your Insurer to Provide...

Who’s afraid of New York’s Martin Act? Right now, a lot of Wall Street and energy industry companies, that’s who. Why are they concerned about the Martin Act? Because it grants the New York State Office of the Attorney...more

Fourth Circuit Finds Coverage for Cyber Incident under Commercial General Liability Policy

On April 11, the United States Court of Appeals for the Fourth Circuit rendered one of the first appellate-level decisions dealing with insurance coverage for a cyber event. The Fourth Circuit confirmed that a commercial...more

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