In Short -
The Situation: Commercial policyholders are increasingly being targeted by climate change lawsuits alleging that greenhouse gas emissions from their normal operations—and the alleged failure to take...more
Directors and Officers Liability ("D&O") insurers often attempt to rely on so-called "bump-up" exclusions in their policies as a categorical bar to the indemnification of claims arising from mergers and acquisitions entered...more
The Situation: Corporate policyholders and their directors and officers may soon face lawsuits and claims arising from COVID-19 as the economy reopens and companies, their employees, and consumers get back to business.
The...more
The Situation: Declared a global health emergency by the World Health Organization, and with more than 17,000 cases already confirmed worldwide, preliminary estimates indicate that the latest coronavirus outbreak may not peak...more
2/10/2020
/ Bodily Injury ,
Business Interruption ,
Commercial General Liability Policies ,
D&O Insurance ,
Employer Liability Issues ,
Errors and Omissions Policy ,
Infectious Diseases ,
Insurance Industry ,
Policy Terms ,
Public Health ,
Workers' Compensation Claim
The Situation: The issue of whether "blanket" additional insured endorsements require direct contractual privity with an insurance policy's "named insured" has received inconsistent treatment by U.S. courts.
The...more
The Situation: This past month, the New York Court of Appeals considered whether New York law imposes a "rule of construction" or "strong presumption" that a reinsurance contract's limit of liability provision caps the...more
1/8/2018
/ Asbestos ,
Commercial General Liability Policies ,
Contract Terms ,
Defense Costs ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Liability Caps ,
Limitation of Liability Clause ,
Partial Summary Judgments ,
Reinsurance
This month's WannaCry "ransomware" attack—the first truly global incident of its kind—is believed to have affected at least 300,000 computers in over 150 countries, claiming among its victims many large corporations and...more
5/30/2017
/ Business Interruption ,
Commercial General Liability Policies ,
Cyber Attacks ,
Cyber Crimes ,
Cyber Insurance ,
Cybersecurity ,
Data Recovery ,
Notice Requirements ,
Policy Exclusions ,
Popular ,
Ransomware