In Part I (”When Can an Insurer Pursue a Malpractice Claim Against Defense Counsel Retained for an Insured”) of our two-part article published by the ABA’s Insurance Coverage Litigation Committee (ICLC), we addressed the...more
We keep hearing about how difficult it is for our clients to get property insurance these days, both for homes and businesses in Northern California’s wildfire-prone areas. Which, of course, is most of Northern California. ...more
To combat a perceived litigation tactic by plaintiffs counsel of using settlement demands within policy limits to set up insurers for bad faith, insurance company associations lobbied for statutory clarification to avoid...more
Cyber attacks are now commonplace. Ransomware attacks, in particular, have skyrocketed in frequency and size. High-profile data breaches have cost businesses in the United States millions of dollars in losses and incalculable...more
9/9/2021
/ Cannabis-Related Businesses (CRBs) ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Property Damage ,
Ransomware ,
Reputational Injury ,
Retailers ,
Risk Mitigation
Cannabis businesses have cyber security and privacy risks. While the risks are varied, many arise from the businesses’ holding of highly sensitive consumer information or confidential data about business partners. Cannabis...more
5/19/2021
/ Cannabis-Related Businesses (CRBs) ,
Confidential Information ,
Continuing Legal Education ,
Contract Negotiations ,
Contract Terms ,
Cyber Insurance ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Insurance Brokers ,
Insurance Contracts ,
Insurance Industry ,
Popular ,
Privacy Laws ,
Webinars
Two phrases combined in a single exclusion—“alleging, arising out of, based upon or attributable to any violation of any law…” and “as respects… unfair trade practices” could inspire carriers to make trouble for policyholders...more
2/3/2021
/ Admissible Evidence ,
Class Action ,
Consumer Protection Laws ,
D&O Insurance ,
Denial of Insurance Coverage ,
False Advertising ,
Insurance Claims ,
Insurance Litigation ,
Policy Exclusions ,
Unfair Competition Law (UCL) ,
Unfair or Deceptive Trade Practices
A recent California appellate court decision found that a wage and hour exclusion in an Employment Practices Liability Insurance (“EPLI”) policy did not bar coverage for claims under California Labor Code sections 2800 and...more
10/8/2019
/ Appeals ,
Bad Faith ,
Breach of Contract ,
Business Expenses ,
Employer Liability Issues ,
Employment Practices Liability Insurance (EPLI) ,
Labor Code ,
Policies and Procedures ,
Policy Exclusions ,
Private Attorneys General Act (PAGA) ,
Statutory Violations ,
Wage and Hour
The cannabis insurance market is responding quickly to meet the unique needs of the industry. Cannabis businesses should be aware of what to look for and obstacles they might face when developing an insurance program....more
I recently moderated a Bar Association of San Francisco Insurance Section program co-sponsored with the Cannabis Law Section. The program highlighted recent changes to local insurance requirements and market availability of...more
Insurers often claim “economic damages” are not covered under a standard commercial general liability (CGL) policy. The Fourth District Court of Appeal’s decision in Thee Sombrero, Inc. v. Scottsdale Ins. Co., 28 Cal. App....more
4/26/2019
/ Appeals ,
Calculation of Damages ,
Commercial General Liability Policies ,
Commercial Property Owners ,
Conditional Use Permit ,
Default Judgment ,
Diminution in Value ,
Economic Damages ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss of Use ,
Negligence ,
Nightclubs ,
Property Damage ,
Reversal ,
Revocation ,
Security Guards ,
Shootings ,
Tangible Property
A 6th Circuit case decided earlier this year demonstrates how positions taken by insureds in prior litigation can impact or foreclose coverage in subsequent disputes with insurers. See K.V.G. Properties, Inc. v. Westfield...more
12/14/2018
/ Appeals ,
DEA ,
Denial of Insurance Coverage ,
Eviction ,
Insurance Claims ,
Landlords ,
Marijuana Cultivation ,
Policy Exclusions ,
Property Damage ,
Reaffirmation ,
Search Warrant ,
Subsequent Litigation ,
Summary Judgment ,
Tenants ,
Third-Party Criminal Acts
The legalization of cannabis in many states is helping the industry to become mainstream and gain access to insurance products taken for granted in other economic sectors.
But there is still a long way to go until the...more