The Ohio Supreme Court waited until the last week of the year to issue what may be the most important silent coverage decision of 2022. Direct physical injury is a fundamental requirement of first-party property policies. The...more
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
This is the seventh and final installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry.
Some key decisions impacting the D&O and securities law...more
On February 25, 2022, a split panel of the Court of Appeals for the Seventh Circuit issued a decision on D&O coverage for the Nassar USAG sexual assault claims. The lengthy opinion is worth reading in its entirety, but we...more
COVID-19 Business Interruption Coverage Litigation -
This is the third installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. The issuance...more
2/15/2022
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms ,
Property Insurance
The pace of new COVID-19 coverage actions has slowed down in recent months, but new cases continue to be filed. As of August 31, 2021, according to the Penn Law COVID Coverage Litigation Tracker, more than 1,980...more
9/9/2021
/ Business Interruption ,
Commercial Insurance Policies ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Loss Coverage ,
Policy Exclusions ,
Property Insurance
The Seventh Circuit has affirmed a ruling by an Illinois federal district court, holding that an "Information Laws" exclusion bars coverage for an insured dental services company's TCPA claim. Mesa Laboratories, Inc. v....more
Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics...more
4/13/2021
/ Bodily Injury ,
Burden of Proof ,
Business Interruption ,
Business Losses ,
Civil Authority Coverage ,
Commercial General Liability Policies ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
First-Party Coverage ,
Ingress/Egress ,
Insurance Agents ,
Insurance Brokers ,
Insurance Claims ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Personal and Advertising Injury Coverage ,
Policy Exclusions ,
Pollution Exclusion ,
Property Damage ,
Third-Party ,
Webinars
A New Jersey federal district court recently ruled that there was no coverage under a title agent's errors and omissions policy for losses resulting from an email phishing scam. In Authentic Title Services, Inc. v. Greenwich...more
Based on the policy's use of the term "any insured" instead of "the insured" in a cross liability exclusion, a Massachusetts appeals court recently ruled that an additional insured contractor was not entitled to coverage...more
The COVID-19 pandemic has forced employers across the country to rapidly make numerous and significant decisions about how to manage their business in this unprecedented time. Employers have had to quickly develop and...more
5/14/2020
/ Bodily Injury ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Practices Liability Insurance (EPLI) ,
Failure To Warn ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Labor Law Violations ,
Meat Processing Plants ,
Negligence ,
Notice Requirements ,
OSHA ,
Personal Protective Equipment ,
Policy Exclusions ,
Sick Employees ,
Social Distancing ,
Wage and Hour ,
Wal-Mart ,
Workplace Decontamination ,
Wrongful Acts ,
Wrongful Death
Over the past several weeks, we've seen legislators introduce bills to retroactively rewrite existing insurance policies to provide coverage for COVID-19 claims, and a flood of insurance coverage complaints filed across the...more
On April 14, 2020, California Insurance Commissioner Ricardo Lara issued a notice to insurers titled "Requirement to Accept, Forward, Acknowledge, and Fairly Investigate All Business Interruption Insurance Claims Caused by...more
4/20/2020
/ Bad Faith ,
Business Interruption ,
Coronavirus/COVID-19 ,
Department of Insurance ,
Infectious Diseases ,
Insurance Agents ,
Insurance Brokers ,
Insurance Claims ,
Insurance Industry ,
Notice Requirements ,
Policy Exclusions ,
State and Local Government
A steady stream of COVID-19-related insurance coverage matters continues to be filed in state and federal courts across the United States. As we have previously discussed in an April 4 update and an April 9 update,...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
On March 30, 2020, a Pennsylvania federal district court granted an insurer's motion for summary judgment, ruling that coverage for a TCPA class action claim was barred by the intentional acts exclusion in its Businessowners...more
An Illinois state appellate court recently ruled that a customer's biometric privacy class action claims against an insured tanning salon potentially fell within two insurer's personal injury coverage. See, West Bend Mutual...more
3/27/2020
/ Advertising Injury ,
Appeals ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Privacy ,
Denial of Insurance Coverage ,
Duty to Defend ,
Emotional Distress Damages ,
Fingerprints ,
Liability Insurance ,
Negligence ,
Policy Exclusions ,
Publication Requirement ,
Reservation of Rights ,
Statutory Violations ,
Unauthorized Disclosure ,
Unjust Enrichment
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
The insurability of civil fines imposed by the California Attorney General under the California Consumer Privacy Act ("CCPA" or "the Act") has been an area of significant concern since the CCPA's enactment in 2018. The issue...more
The Fourth Circuit recently affirmed a district court ruling that the Privacy exclusion in a series of business liability policies bars coverage for a claim arising out of the insured law firm’s alleged violation of the...more
As the coronavirus, COVID-19, continues to spread, organizations around the globe are facing mounting business disruptions and economic losses. Some of these entities may seek coverage for these losses under a variety of...more
An insurer recently secured a ruling that it had no obligation to cover a loss incurred as a result of an email phishing scam. In Midlothian Enterprises, Inc. v. Owners Insurance Company, No. 3:19-cv-51 (E.D. Va. Feb. 20,...more