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
The Situation: This past month, the New York Court of Appeals considered whether New York law imposes a "rule of construction" or "strong presumption" that a reinsurance contract's limit of liability provision caps the...more
1/8/2018
/ Asbestos ,
Commercial General Liability Policies ,
Contract Terms ,
Defense Costs ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Liability Caps ,
Limitation of Liability Clause ,
Partial Summary Judgments ,
Reinsurance
With Hurricane Harvey having pummeled much of the Texas Gulf Coast, businesses will soon look to secure insurance recoveries for the estimated billions of dollars in property damage and business income losses left in its...more
8/31/2017
/ Attorney's Fees ,
Business Interruption ,
Claim Procedures ,
Denial of Insurance Coverage ,
Flood Insurance ,
Homeowners ,
Hurricane Harvey ,
Insurance Claims ,
Interest Rate Adjustments ,
Natural Disasters ,
New Legislation ,
Post-Judgment Interest ,
Property Damage ,
Property Insurance ,
Property Owners ,
Reporting Requirements ,
Severe Weather ,
Written Notice
August 2017 In Short The Situation: Reversing a pair of federal district court rulings, the Fifth and Ninth Circuits have held that insurers must defend commercial general liability policyholders in advertising injuries...more
8/21/2017
/ Advertising Injury ,
Appeals ,
Commercial General Liability Policies ,
Duty to Defend ,
Insurance Industry ,
Misrepresentation ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Trademark Infringement ,
Trademarks
This month's WannaCry "ransomware" attack—the first truly global incident of its kind—is believed to have affected at least 300,000 computers in over 150 countries, claiming among its victims many large corporations and...more
5/30/2017
/ Business Interruption ,
Commercial General Liability Policies ,
Cyber Attacks ,
Cyber Crimes ,
Cyber Insurance ,
Cybersecurity ,
Data Recovery ,
Notice Requirements ,
Policy Exclusions ,
Popular ,
Ransomware