In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality...more
A January 15, 2021, decision from the UK’s highest court spells good news for English policyholders. In The Financial Conduct Authority v. Arch Insurance (UK) Ltd., and others, UKSC 2020/0177, the Court held that 21 insurance...more
1/27/2021
/ Business Interruption ,
Business Losses ,
Causation ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Financial Conduct Authority (FCA) ,
Hybrid Insurance Policies ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
UK ,
UK Supreme Court
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
A New Jersey state court recently rejected an insurer’s claim that COVID-related losses cannot qualify as covered losses. In Optical Services USA/JCI v. Franklin Mutual Insurance Co., No. BER-L-3681-20, pending in the...more
Insurers and policyholders long have debated whether business interruption insurance covers losses resulting from governmental orders – a debate intensified by numerous recent coverage claims arising from COVID-19 forced...more
On April 9, 2020, New Jersey Governor Phil Murphy issued Executive Order 123, providing immediate relief to policyholders of property and casualty, life, health, and dental insurance for nonpayment of premiums due to the...more
Lawmakers in New Jersey, New York, Ohio, and Massachusetts have proposed legislation confirming that property policies’ business interruption coverage extends to losses attributable to the coronavirus pandemic and social...more
The New York Court of Appeals recently answered two certified questions from the Delaware Supreme Court concerning insurance allocation, and the Court’s answers may impact significantly policyholders litigating “long-tail”...more
5/18/2016
/ Asbestos Litigation ,
Contract Interpretation ,
DE Supreme Court ,
Excess Policies ,
Horizontal Exhaustion Doctrine ,
Insurance Industry ,
Insurance Litigation ,
Long-Tail Claims ,
Non-Cumulation Clause ,
Pro Rata Allocation Rule ,
Umbrella Policies
Commercial General Liability policies have, for several decades, included advertising and personal injury coverage. Such coverage is afforded for injury caused by various enumerated offenses, including breach of privacy....more
4/14/2016
/ Class Action ,
Commercial General Liability Policies ,
Confidential Information ,
Cyber Insurance ,
Data Breach ,
Duty to Defend ,
Electronic Medical Records ,
Insurance Industry ,
Internet ,
Personal and Advertising Injury Coverage ,
Popular ,
Publication Requirement