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Reed Smith 2017 California Wildfires Relief Resources Guide

Though the wildfires continue to burn across California, insurance industry insiders have estimated that the reconstruction cost value for homes potentially at risk in the Napa and Santa Rosa areas alone will be more than $65...more

California v. Continental: Horizontal Exhaustion the Rule in California? Not So Fast.

A recent California Court of Appeal decision clarifies that vertical exhaustion applies to an excess policy that only specifies a retained limit, even where the insured subsequently purchases insurance to cover the retained...more

Business Risk Doctrine No Talisman in CGL Coverage Dispute

In a recent decision, the California Court of Appeal demonstrated that it continues to apply rules of insurance policy interpretation that are favorable to policyholders. Rejecting an insurer’s strained readings of its policy...more

Montrose and Multiple Policy Periods: Policyholders in California May Have to Demonstrate Exhaustion

A recent California Court of Appeal decision may make it more difficult for policyholders to obtain payment from excess insurers when a claim involves multiple policy periods. The court held that where a loss triggers...more

California Appellate Court Reaffirms Principle That a Liability Insurer’s Primary Concern Should Be Protecting Its Insured’s...

When liability insurers dispute coverage it is often necessary for insureds to bring coverage actions while the underlying liability suits are pending. In those cases, there frequently will be overlapping factual issues...more

Ransomware Cyber Attack Shuts Down the Computer Systems of Airlines, Banks, Utilities and a Major Global Law Firm. Are You...

On June 27, 2017, multiple news sources are reporting that a ransomware attack called Petrwrap/Petya reportedly immobilized the computer network of multiple international businesses, including those of a major global law...more

Ransomware in the Spotlight with Recent Attacks

This month’s WannaCry ransomware attack is the latest example of how these targeted attacks can cripple operating systems, with the bitcoin payments the price for alleged relief. In the attack, the WannaCry ransomware...more

2017 Insurance & Risk Management Checklist

As we start a new year, it is important to evaluate your company’s insurance and risk management program and plan for the year. Following up on our 2016 checklist, we have updated steps to take and things to consider for your...more

Consider Cyberliability and Network Business Interruption Insurance Coverage in Light of Recent DDoS Internet Attack

The October 21, 2016 DDoS attack on the internet’s domain name system infrastructure underscores the need to consider cyberliability insurance coverage as a critical component of your company’s security and privacy breach...more

Fourth Circuit Finds That Traditional CGL Policies May Continue to Provide Coverage for Cyberliability Claims

A federal U.S. Court of Appeals has confirmed that comprehensive general liability (CGL) and other traditional policies may yet be a source of liability insurance coverage for cyberliabilities. Although a dedicated...more

2016 Insurance and Risk Management Checklist

As we start a new year, there is no time like the present to evaluate your company’s insurance and risk management program and plan for the year. Here is a brief checklist of steps to take and things to consider as you move...more

Insurers Beware: Respond Promptly or Lose the Right to Control the Defense

The tables may be turning. Insurers often seek to avoid their coverage obligations by invoking time limitations in their policies for providing claim notifications. On the other hand, these same insurers routinely take their...more

Data Breaches Are Not Academic: Colleges and Universities Should Take Appropriate Steps To Avoid or at Least Minimize Their...

Data breaches at colleges and universities are on the rise. These institutions are targets because their networks have access to a large amount of private information, including educational and medical records, as well as...more

Hackers Don’t Care About the Terms of Your Insurance Policy - The Importance of Retroactive Dates and Extended Reporting Periods...

A recent study reports that the median amount of time between an intrusion into a company’s computer network and the discovery of the incident is 229 days. The difficulty and length of time in detecting cyber infiltrations...more

As Fear of Ebola Widens, Corporate Policyholders Seek To Prevent Loss While Insurers Seek To Exclude Loss

In response to the widespread fear of Ebola, at least one insurance company is seeking to protect itself from potentially significant financial loss in the event Ebola continues to spread beyond Africa by adding...more

Financial Cost of Ebola Crisis Sparks Insurance Coverage Questions

Ebola has become a worldwide crisis. It has ravaged Liberia and other West African countries. It has been diagnosed in Europe. And, cases are now being reported in the United States. While the cost to human life is...more

Cyber, Data-Security Liability Claims: Coverage Under Traditional Lines of Insurance

Recent, large-scale data breaches at several well-known companies underscore the substantial risk that businesses now face with respect to cyber, data-security liability. In this year alone, numerous companies – including...more

The Napa Earthquake Reminds Us To Protect Insurance Rights in the Aftermath of Disaster

The August 24 earthquake in Napa Valley and the numerous after-shocks caused significant damage to businesses throughout the area. Although the overall financial impact directly attributed to damaged property at local...more

Cyber and Data Security and Privacy Liability: The Problem Isn’t Going Away. Get Out in Front of the Problem By Insuring Your...

On August 6, 2014, the New York Times – and other media outlets – reported that a Russian crime ring had amassed the largest known collection of stolen Internet data – a cache of at least 1.2 billion user name and password...more

Policyholders with Long-Tail Claims Under Liberty Mutual Policies Should Be Prepared for 'Sea Change' in Claims Handling After...

On July 17, 2014, Liberty Mutual Insurance Company announced that it had entered into a multi-billion-dollar “retroactive reinsurance” arrangement with National Indemnity Company (“NICO”), a subsidiary of Berkshire Hathaway,...more

Protect Your Mortgage Insurance Rights Now Before It Is Too Late

The Federal Housing Finance Agency (FHFA) recently announced changes to mortgage insurance (MI) master policy requirements. The FHFA has worked with the government sponsored enterprises (GSEs), Fannie Mae and Freddie Mac, to...more

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