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
Though much of the conversation regarding insurance coverage for COVID-19-related losses has focused on the potential for business interruption-type coverage... insureds should not overlook the potential that COVID risks...more
Now that the CCPA is in effect, some companies will need to revise their policies.
The cyber insurance markets are beginning to adapt to the new California Consumer Privacy Act (CCPA) which went into effect on January...more
2/25/2020
/ California Consumer Privacy Act (CCPA) ,
Commercial General Liability Policies ,
Consumer Privacy Rights ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Personally Identifiable Information ,
Policy Exclusions ,
Popular ,
Privacy Laws ,
Risk Assessment
Recent wildfires in California Wine Country, particularly those that devastated parts of Napa and Sonoma counties in October 2017, have focused attention on whether insurance covers smoke taint damage to grapes and...more
2/4/2020
/ Agricultural Sector ,
Commercial General Liability Policies ,
Crop Insurance ,
Crops ,
Denial of Insurance Coverage ,
Insurance Industry ,
Policy Exclusions ,
Property Damage ,
Property Insurance ,
Wildfires ,
Wine & Alcohol ,
Wineries
Two recent cases from separate California state courts correctly interpret the phrase “that particular part” and apply it in its intended narrow sense. This is good news for contractors and is in contrast to some recent...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