In a sweeping decision, the U.S. Court of Appeals for the Fifth Circuit extended the absolute pollution exclusion to the unplanned discharge of “rock fines,” pellets produced during quarry operations, and denied coverage for...more
1/31/2020
/ Appeals ,
Commercial General Liability Policies ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Department of Environmental Protection ,
Drinking Water ,
Duty to Defend ,
Environmental Violations ,
Insurance Industry ,
Insurance Litigation ,
Notice of Violation ,
Policy Exclusions ,
Policy Terms ,
Pollution Exclusion ,
Reversal ,
Statutory Violations ,
Umbrella Policies ,
Water Pollution
A recent decision involving insurance coverage for a rideshare driver explains the temporal aspect of rideshare policies, which insure drivers during certain phases of the rideshare process. Here a driver sought uninsured...more
With the potential addition of autonomous cars and trucks to commercial fleets, commercial insureds should reassess coverage under their commercial auto, products liability and cyber insurance policies. Automation,...more
With the potential addition of autonomous cars and trucks to commercial fleets, commercial insureds should reassess coverage under their commercial auto, products liability, and cyber insurance policies. Automation,...more
4/5/2018
/ Artificial Intelligence ,
Automation Systems ,
Cyber Insurance ,
Cybersecurity ,
Driverless Cars ,
Errors and Omissions Policy ,
Insurance Industry ,
Liability Insurance ,
Manufacturers ,
Policy Terms ,
Robotics ,
Technology Sector
Due to the dramatic increase and changing nature of cyber risks, mergers and acquisitions due diligence should expand to address cyber risks, available risk mitigation practices, and available insurance. Acquiring companies...more
1/29/2018
/ Business Interruption ,
Computer Fraud Insurance ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Due Diligence ,
Employee Training ,
Incident Response Plans ,
Information Technology ,
Insurance Industry ,
Malware ,
Policy Terms ,
Popular ,
Ransomware ,
Risk Management ,
Risk Mitigation
An 11th Circuit decision issued earlier this year serves as a reminder of the importance of carefully evaluating time-based exclusions and retroactive dates when procuring or renewing coverage. Liability policies such as...more
9/22/2017
/ Claims Made Policy ,
D&O Insurance ,
Denial of Insurance Coverage ,
Fraudulent Transfers ,
Insolvency ,
Insurance Claims ,
Policy Exclusions ,
Policy Terms ,
Premiums ,
Prior Bad Acts ,
Professional Liability Insurance ,
Renewal Options ,
Retroactivity ,
Wrongful Acts
As every policyholder should know, purportedly “late” notice under claims-made insurance policies can eradicate coverage – even if the policyholder purchases successive policies from the same insurer. Alaska Interstate...more
A recent Minnesota coverage decision provides guideposts for a commercial policyholder’s proper handling of an insurance claim as well as a cautionary tale regarding an excess insurer’s attempt to readjudicate liability in a...more
Recent court decisions across a variety of industries highlight the importance of submitting accurate and complete insurance applications and renewals. When submitting an insurance application, the applicant should accurately...more