Corporate activity related to ESG can have profound legal and market consequences. These consequences can be cut many ways. Although having taken a position on Florida legislation that resulted in negative business...more
After a brief abatement due to pandemic-related litigation delays and court closures, social inflation returned with a vengeance replete with numerous nuclear jury verdicts. Although a case in any state is capable of...more
2/28/2023
/ Commercial General Liability Policies ,
Corporate Counsel ,
D&O Insurance ,
DE Supreme Court ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
General Data Protection Regulation (GDPR) ,
Insurance Industry ,
Insurance Litigation ,
PFAS ,
Popular
The issuance of various governmental orders requiring businesses to temporarily modify or close their operations during the COVID-19 pandemic led to an immediate avalanche of claims and lawsuits involving first-party...more
7/1/2022
/ Business Interruption ,
Commercial Insurance Policies ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Insurance Claims ,
Insurance Industry ,
Multidistrict Litigation ,
Policy Exclusions ,
Popular ,
Putative Class Actions
A recent decision by a panel of the U.S. District Court of Appeals for the Second Circuit serves as a reminder that sometimes insurers and policyholders must look outside the insurance policies to determine the priority of...more
Racking up three more victories at the U.S. Court of Appeals for the Ninth Circuit, insurers have now prevailed in the first six decisions of United States Court of Appeal. Each of these decisions have affirmed the dismissal...more
10/5/2021
/ Breach of Contract ,
Business Interruption ,
Business Losses ,
Choice-of-Law ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Dismissals ,
Insurance Claims ,
Insurance Industry ,
Loss Coverage ,
Proximate Cause
The Fifth Circuit has affirmed a district court ruling that a crime policy’s Computer Transfer Fraud coverage did not apply to losses incurred in connection with an email phishing scam. See Mississippi Silicon Holdings LLC v....more
Approximately 1,300 COVID-19 business interruption and civil authority insurance coverage cases are working their way through federal and state courts throughout the country. Decisions continue to be rendered and tracking...more
On May 22, 2020, the Illinois legislature overwhelmingly passed a bipartisan bill that creates COVID-19 workers' compensation protection for certain workers considered "essential" under the Governor's stay-at-home order. The...more
As the number of filings of COVID-19 coverage actions continue to increase, we thought it would be useful to review these cases for our insurer readership so they can better understand the issues and themes that are emerging...more
4/8/2020
/ Bad Faith ,
Business Closures ,
Business Losses ,
Contamination ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Covenant of Good Faith and Fair Dealing ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Litigation ,
Policy Exclusions ,
Property Damage ,
Restaurant Industry ,
State Law Claims ,
Theater Productions ,
Tribal Corporations
The first COVID-19-related insurance coverage cases are now being filed. In Louisiana, a declaratory judgment action was brought against Certain Underwriters at Lloyd's, asking the court to rule that an all-risk policy...more
A Mississippi federal district court became the latest to rule that Computer Fraud Transfer and Funds Transfer Fraud coverages were not applicable to losses resulting from an email phishing scam. In Miss. Silicon Holdings,...more
A New Jersey federal district court held last week that losses arising out of a phishing scam were not covered under a bank's Financial Institutions Bond. In Crown Bank JJR Holding Co. v. Great Am. Ins. Co., 2020 U.S. Dist....more
2/18/2020
/ Banks ,
Corporate Counsel ,
Cybersecurity ,
Denial of Insurance Coverage ,
Financial Institutions ,
Fraudulent Wire Transfers ,
Hackers ,
Insurance Claims ,
Insurance Litigation ,
Phishing Scams ,
Popular ,
Spoofing
Notwithstanding a Maryland District Court Ransomware Attack Decision -
Notwithstanding the wide array of cyber specific insurance products available in the market, policyholders have and will continue to look for coverage...more