The war exclusion has received a lot of attention over the past year, particularly since Russia invaded Ukraine in February. Policyholders’ concern that insurers will assert the exclusion as a basis to deny coverage is...more
7/15/2022
/ Casualty Insurance ,
Cyber Attacks ,
Cyber Insurance ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms ,
Property Insurance ,
Ransomware
The “war” exclusion has gotten more attention over the past couple of weeks in light of Russia’s invasion of Ukraine. For good reason. This exclusion, common in property and liability policies alike, typically eliminates...more
3/15/2022
/ Contract Interpretation ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Malware ,
Policy Exclusions ,
Property Insurance ,
Ransomware
Corporate policyholders often assume their computer fraud crime insurance will cover so-called social engineering thefts. Reasonably so. Fraudsters commit these crimes by using computers to trick innocent employees into...more
In Pitzer College v. Indian Harbor Insurance Company, the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule is a fundamental public policy of...more
9/18/2019
/ Appeals ,
Breach of Contract ,
CA Supreme Court ,
Choice-of-Law ,
Commercial General Liability Policies ,
Consent ,
Contamination ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Late Notices ,
Notice Prejudice Rule ,
Notice Requirements ,
Policy Terms ,
Public Policy ,
Remediation ,
Summary Judgment ,
Third-Party Liability
Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of...more
An insurance carrier has declined to defend a claim asserted against its insured, arguably without meeting its obligation to investigate the claim. For whatever reason — a change in personnel, loss of a file, or some other...more
10/30/2017
/ Bad Faith ,
Covenant of Good Faith and Fair Dealing ,
Defense Strategies ,
Duty to Defend ,
Failure to Investigate ,
Genuine Dispute Doctrine ,
Insurance Industry ,
Insurance Litigation ,
Litigation Strategies ,
Policy Exclusions ,
Policy Terms ,
Third-Party Relationships