The threat of extreme wildfires has doubled in the past 20 years, with almost 20,000 fires blazing across the United States in 2024 alone. These high-intensity fires can be deadly, expensive, and create lingering health and...more
The term “smart cities” has become popular parlance for municipalities’ attempts to enhance delivery of urban services and infrastructure through information and communications technology. While they may conjure images of...more
7/24/2024
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Transportation (DOT) ,
Infrastructure ,
Innovative Technology ,
Internet of Things ,
Privacy Concerns ,
Risk Mitigation ,
Surveillance ,
Transportation Industry ,
Urban Planning & Development
In a rebuke of a common law doctrine that denied insurer standing in chapter 11, the U.S. Supreme Court ruled unanimously that insurers with financial responsibility for claims asserted in bankruptcy are parties in interest...more
The U.S. Supreme Court agreed to hear an appeal of the Fourth Circuit’s decision in Kaiser Gypsum regarding an insurer’s standing to object to a bankruptcy plan under the “insurance neutrality” doctrine.
Under the...more
In rejecting an insurer’s attempt to block confirmation of its insured’s bankruptcy plan, the Fourth Circuit found that an insurer may not interject itself into plan negotiations by invoking the duty to cooperate, nor does...more
4/10/2023
/ Appeals ,
Article III ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial General Liability Policies ,
Duty to Cooperate ,
Financial Services Industry ,
Insolvency ,
Insurance Litigation ,
Insureds ,
Liability Insurance ,
Restructuring
Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed Source: Virginia Lawyer By James P. Bobotek 04.30.21 When preparing commercial contracts, parties strive for certainty to prevent...more
4/30/2021
/ Anti-Indemnification Statutes ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Terms ,
General Assembly ,
Indemnification Clauses ,
Indemnity ,
Indemnity Claim ,
Negligence ,
State and Local Government ,
VA Supreme Court
On May 12, a massive ransomware cyber-attack infected over 100,000 computers in more than 150 countries. This malware, a Trojan virus known as “WannaCry,” “WanaCryptor,” or “Wcry,” encrypts files, and then threatens to...more
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
4/19/2016
/ Advertising Injury ,
Class Action ,
Commercial General Liability Policies ,
Cyber Insurance ,
Data Breach ,
Duty to Defend ,
Electronic Medical Records ,
Insurance Industry ,
Internet ,
Popular ,
Risk Management ,
Summary Judgment ,
Travelers Property Casualty Co.
South Carolina was recently pummeled by a devastating storm that Governor Haley described as happening “once in a thousand years.” Compounding the resultant flooding, many dam breaks exacerbated the catastrophic losses South...more
Welcome to the latest edition of Pillsbury’s Perspectives on Insurance Recovery. As this 2015 edition of Perspectives demonstrates, our team is working on the most challenging issues—from cyber-insurance and complex claims...more
7/21/2015
/ Bad Faith ,
Certificate of Insurance ,
Commercial Property Owners ,
Construction Contracts ,
Cyber Insurance ,
Cybersecurity ,
D&O Insurance ,
Duty to Defend ,
Earthquake Insurance ,
Errors and Omissions Policy ,
False Claims Act (FCA) ,
Indemnification Clauses ,
Insurance Industry ,
Limitation of Liability Clause ,
Litigation Fees & Costs ,
Mergers ,
Notice Requirements ,
Policy Exclusions ,
Professional Liability ,
Property Damage ,
Property Insurance ,
Storm Water ,
Subrogation
As more and more companies of all sizes ranging across a wide spectrum of industries have been exposed to network and data security breaches in recent years, the market for insurance products dedicated to cover cyber risks...more