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New York High Court Finds Disgorgement Payment Insured "Loss" Rather Than Uninsurable "Penalty"

Reversing the New York Appellate Division, First Department, the New York Court of Appeals, in a 6–1 landmark decision, held that a $140 million disgorgement payment is an insured "loss," after a long history of insurance...more

Federal Court Rejects Application of D&O Policy's "Bump-Up" Exclusion to Merger Litigation

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

English Supreme Court Confirms Broad Application of Business Interruption Policies to COVID-19 Losses

The latest ruling by the UK's Supreme Court is a victory for policyholders. Following the High Court's September 2020 Judgment in the COVID-19 Business Interruption Test Case ("Test Case") brought by the UK Financial Conduct...more

Policyholders Notch Victory in Fight for COVID-19-Related Business Interruption Insurance Coverage

The Situation: Although COVID-19-related insurance coverage litigation is still in its early stages, there are now well over 1,200 lawsuits pending across the United States and Europe, which seek to recover billions of...more

COVID-19 Ruling Serves as Cautionary Tale for Policyholders to Satisfy Pleading Requirements

The Situation: This month, a Michigan state trial court dismissed the COVID-19-related business interruption coverage lawsuit filed by two policyholder restaurants on the pleadings, finding that they had failed to allege any...more

Additional Policyholder Allies Emerge in the Fight for COVID-19 Business Interruption Coverage

The Situation: In an ongoing effort to discourage commercial policyholders from pursuing COVID-19-related business interruption claims, the insurance industry continues to issue sweeping pronouncements of alleged "no...more

JONES DAY TALKS®: COVID-19 and Business Insurance [Audio]

Jones Day Insurance Recovery Practice Leader Ty Childress discusses the insurance implications relating to COVID-19, including employee health and safety concerns, the importance of reviewing language, determining what...more

Insurance Coverage for Social Engineering Crimes—How to Avoid Being Victimized Twice

The Situation: Businesses are increasingly at risk of social engineering crimes, and often their commercial insurance policies do not provide the full protection that they expected. The Result: Three recent decisions...more

Don't Sleep on This: New York High Court Addresses Scope of "Blanket" Additional Insured Endorsements

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

New York High Court Confirms No "Blanket Rule" on Reinsurance Limits

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

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