The implied covenant of good faith and fair dealing is a notoriously misunderstood doctrine. It can be invoked much less often than most people think, and its application is highly state-specific. A recent ruling from the...more
Insurance policies invariably require insureds to submit timely written notice of a “Claim” made by third parties to obtain coverage from the insurer. A recent decision from the United States District Court for the Southern...more
On March 22, 2021, the U.S. Supreme Court granted a petition for writ of certiorari in Servotronics, Inc. v. Rolls-Royce PLC, a decision that will likely resolve a circuit split over the power of an arbitrator to issue...more
On Jan. 15, 2021, a New York state court judge issued an opinion denying an insurer’s motion to dismiss a claim for coverage under a representations and warranties insurance (RWI) policy in WPP Group USA, Inc. v. RB/TDM...more
Well-reported incidents of rioting nationwide have resulted in extensive damage to business premises, inventory and other property. In addition, government-instituted curfews or shutdown orders have interrupted businesses,...more
It is approaching two months since state and local governments began to issue orders requiring businesses deemed non-essential to close. As noted in McGuireWoods’ prior alerts, commercial property policies may afford business...more
As the world responds to the COVID-19 pandemic, many businesses have closed, either voluntarily or in response to governmental orders. Such closures are obviously going to have an adverse effect on revenues, and businesses...more
As governments, health officials and private companies work to mitigate and contain the threat of a potential COVID-19 pandemic, businesses also should be mindful of managing their risk through insurance. Several different...more