Losses arising from email scams are usually covered, if at all, under a company’s crime policy. But a recent decision from The District Court in Minnesota suggests that recourse may also be found under an insured’s cyber or...more
1/27/2023
/ Business Interruption ,
But For Causation ,
Commercial Insurance Policies ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Denial of Insurance Coverage ,
Email ,
Phishing Scams ,
Policy Terms ,
Popular ,
Scams
Whether consumer protection or false advertising claims are covered by insurance depends on the kind of insurance policies in play. For example, coverage for such claims under a CGL policy is unlikely because an...more
10/7/2022
/ Commercial Insurance Policies ,
Corporate Management ,
D&O Insurance ,
False Advertising ,
Insurance Claims ,
Labeling ,
Liability Insurance ,
Negligence ,
Policy Exclusions ,
Policy Terms ,
Settlement Agreements ,
Unfair or Deceptive Trade Practices ,
Wrongful Acts
In Medidata Solutions, Inc. v. Federal Insurance Company, 268 F. Supp. 3d 471 (S. D. N. Y. 2017), aff’d, 729 Fed. Appx. 117 (2nd Circuit 2018), the Court found that there was insurance coverage where a company had been...more
Where multiple liability policies are triggered, does one of the insurers get to insist that its deductible be satisfied before the insured can be provided with a defense? Relatedly, can the insured choose which insurer...more
Your CFO or accounts payable clerk receives a legitimate-looking email supposedly from the company’s president authorizing a wire transfer to a vendor or business partner. In reliance on that email, the company’s bank is...more
In some circumstances an insurer’s duty to settle may arise even in the absence of a demand by the claimant within policy. The recent case of Planet Bingo, LLC v. The Burlington Insurance Company, 2021 DJDAR 2510 (March 18,...more
The “notice-prejudice rule,” often applied in the context of occurrence-type policies, requires an insurer to prove that the insured’s late notice of a claim has substantially prejudiced its ability to investigate the...more
Where an employee of a company commits an intentional act, such as a battery or sexual molestation, the managers of that company are often named as defendants on a theory of “negligent supervision”, “negligent retention” or...more
2/2/2021
/ Commercial Insurance Policies ,
Employer Liability Issues ,
Intentional Torts ,
Multiple Occurences ,
Negligence ,
Negligent Hiring ,
Negligent Supervision ,
Occurrence ,
Policy Terms ,
Sexual Assault ,
Single Occurrence ,
Vicarious Liability
There are certain core principles that must be applied in analyzing coverage under a liability insurance policy.
This two-part article sets out those principles. It also explores some counter-intuitive situations in which...more
Cyber insurance is designed to fill an enterprise's coverage gaps, where coverage under other forms of insurance may not be triggered by these kind of losses. At the same time, and because cyber insurance is a relatively new...more
In the context of the numerous lawsuits have recently filed by policyholders seeking compensation for lost business income occasioned by the pending pandemic, a key issue will be whether those policyholders have suffered...more
8/27/2020
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss Causation ,
Loss Coverage ,
Policy Exclusions ,
Policy Terms ,
Property Damage