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
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
An obscure niche product less than a decade ago, cyber insurance is now a staple of many companies’ risk transfer programs. Its rise in prominence is no wonder. High-profile data breaches have caused businesses millions of...more
11/7/2018
/ Business Interruption ,
California Consumer Privacy Act (CCPA) ,
Choice-of-Law ,
Civil Monetary Penalty ,
Contract Negotiations ,
Cyber Attacks ,
Cyber Insurance ,
Data Breach ,
General Data Protection Regulation (GDPR) ,
Policy Terms ,
Risk Management
A federal district court in Florida has ruled that a claim against a policyholder arising out of a hacker’s theft of confidential credit card information was not covered under a commercial general liability (CGL) policy. St....more
10/2/2018
/ Commercial General Liability Policies ,
Corporate Counsel ,
Credit Cards ,
Customer Information ,
Cyber Insurance ,
Data Breach ,
Denial of Insurance Coverage ,
Hackers ,
Negligence ,
Policy Terms ,
Publication Requirement
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