The Situation: The global market for artificial intelligence ("AI") technologies is projected to surpass $1 trillion by 2030....more
In Short -
The Situation: Commercial policyholders are increasingly being targeted by climate change lawsuits alleging that greenhouse gas emissions from their normal operations—and the alleged failure to take...more
In Short -
The Situation: On September 28, 2022, Hurricane Ian made landfall on Florida and tied for the fifth-strongest hurricane ever to hit the continental United States, with total insured losses estimated in the...more
With intensifying demands from regulators, investors, and the public for attention to environmental, social, and governance ("ESG") issues, companies are increasingly focused on ESG considerations and initiatives. Not...more
Introduction -
Cryptocurrency, such as Bitcoin, is a decentralized and exclusively virtual currency that is secured through cryptography. Companies using or investing in cryptocurrency face various risks, such as market...more
Political risk insurance ("PRI") policies may provide corporate policyholders experiencing business losses in Ukraine or Russia with coverage potentially excluded under traditional property insurance policies.
Russia's...more
New York's novel mandatory disclosure requirement is more extensive than what is required by its federal counterpart, mandating the disclosure of a litany of "information and documentation," accompanied by affidavits from a...more
Reversing the New York Appellate Division, First Department, the New York Court of Appeals, in a 6–1 landmark decision, held that a $140 million disgorgement payment is an insured "loss," after a long history of insurance...more
12/3/2021
/ Bear Sterns ,
Denial of Insurance Coverage ,
Disgorgement ,
E&O Insurance ,
Insurance Claims ,
Insurance Litigation ,
Liability Insurance ,
Loss Coverage ,
Penalties ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Settlement Agreements ,
Wrongful Acts
Directors and Officers Liability ("D&O") insurers often attempt to rely on so-called "bump-up" exclusions in their policies as a categorical bar to the indemnification of claims arising from mergers and acquisitions entered...more
With Hurricane Ida having battered Louisiana, Mississippi and various other states, businesses will soon look to secure insurance recoveries for the significant property damage and business income losses left in its wake....more
The latest ruling by the UK's Supreme Court is a victory for policyholders.
Following the High Court's September 2020 Judgment in the COVID-19 Business Interruption Test Case ("Test Case") brought by the UK Financial Conduct...more
The Western Cape High Court recently determined that the "notifiable disease" coverage extensions to business interruption insurance policies provide coverage for losses caused by South Africa’s national COVID-19...more
The Situation: Although COVID-19-related insurance coverage litigation is still in its early stages, there are now well over 1,200 lawsuits pending across the United States and Europe, which seek to recover billions of...more
11/4/2020
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
NC Supreme Court ,
Policy Exclusions ,
Property Insurance
In a significant victory for policyholders, on 15 September 2020, the English High Court delivered judgment in the UK Financial Conduct Authority's ("FCA") COVID-19 Business Interruption Test Case.
In a significant victory...more
As the latest in a series of similar bills introduced by the legislatures of various states, California Assembly Bill 1552 would create important rebuttable presumptions affecting the burden of proof and supporting coverage...more
7/22/2020
/ Business Interruption ,
Civil Authority Coverage ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Governor Newsom ,
Infectious Diseases ,
Ingress/Egress ,
Insurance Industry ,
Property Damage ,
Rebuttable Presumptions ,
State Legislatures
The Situation: This month, a Michigan state trial court dismissed the COVID-19-related business interruption coverage lawsuit filed by two policyholder restaurants on the pleadings, finding that they had failed to allege any...more
7/16/2020
/ Business Interruption ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Executive Orders ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss Coverage ,
Property Damage ,
Property Insurance
While U.S. policyholders are primarily still in the early stages of the claim process and likely coverage litigation regarding COVID-19-related business interruption claims, a French court has struck an early blow against an...more
The Situation: In an ongoing effort to discourage commercial policyholders from pursuing COVID-19-related business interruption claims, the insurance industry continues to issue sweeping pronouncements of alleged "no...more
In a significant victory for policyholders, the United States District Court for the District of Maryland recently determined that certain ransomware-related losses are covered under language commonly found in traditional...more
The Situation: Declared a global health emergency by the World Health Organization, and with more than 17,000 cases already confirmed worldwide, preliminary estimates indicate that the latest coronavirus outbreak may not peak...more
2/10/2020
/ Bodily Injury ,
Business Interruption ,
Commercial General Liability Policies ,
D&O Insurance ,
Employer Liability Issues ,
Errors and Omissions Policy ,
Infectious Diseases ,
Insurance Industry ,
Policy Terms ,
Public Health ,
Workers' Compensation Claim
In a significant ruling for policyholders on an issue of first impression, on July 31, 2019, the Delaware Superior Court determined that shareholder appraisal actions constitute a covered "Securities Claim," as that term is...more
The Situation: On the evening of July 13, 2019, a massive blackout struck Manhattan's West Side, prompting the cancellation of 26 out of 30 Broadway performances and postponement of the second night of Jennifer Lopez's...more
8/8/2019
/ Business Interruption ,
Cancellation Rights ,
Commercial Insurance Policies ,
Event Tickets ,
Insurance Claims ,
Insurance Industry ,
Lost Profits ,
Natural Disasters ,
Notice Requirements ,
Policy Exclusions ,
Proof of Loss
The Situation: Claims brought by insolvency administrators under Section 64 of the German Limited Liability Companies Act are not only among the most common, but also the most financially significant, claims faced by the...more
The Situation: On August 23, 2018, Hurricane Lane made landfall on Hawaii, dropping more than 52 inches of rainfall—the second-highest storm rainfall total in U.S. history.
The Result: Hawaiian businesses are recovering...more
The Situation: The issue of whether "blanket" additional insured endorsements require direct contractual privity with an insurance policy's "named insured" has received inconsistent treatment by U.S. courts.
The...more