News & Analysis as of

Commercial General Liability Policies

Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues

I read once that 97 percent of cases never go to trial. However, there are still the ones that do. And, then, there are the ones that do both. The following case, Global Modular, Inc. v. Kadena Pacific, Inc., California Court...more

Business interruption post-Harvey and Irma

by Hellmuth & Johnson PLLC on

This blog post is the second in a three part series. Business owners affected by hurricanes Harvey and Irma spent the first few days and weeks cleaning up, making repairs and completing countless other activities to get...more

Tenth Circuit Upholds Owner-Property Exclusion In Connection With Cleanup Efforts

On August 25, the U.S. Court of Appeals for the Tenth Circuit, in an unpublished opinion, affirmed the lower court’s ruling that the cost to remediate environmental contamination at a ski resort was subject to a contractual...more

NJ Courts Continue Expansion Of Insurance Coverage For Construction Defects: “Continuous Trigger” Doctrine Applied

by Cole Schotz on

New Jersey courts are continuing their trend of extending insurance coverage for third-party construction defect claims. Following last year’s NJ Supreme Court decision in Cypress Point Condo. Ass’n, Inc. v. Adria Towers,...more

The Professional Services Exclusion: You May Not Have the Coverage You Think

Could you be providing “professional services” that might lead to liability excluded by your commercial general liability policy? The answer may be different than you think....more

General Contractor Insurance Coverage Decreased by Subcontractor's $500,000 Self-Insured Retention

by Stinson Leonard Street on

Owners and contractors typically who require firms they hire to have liability insurance, and name them as additional insureds in case they ever get sued for what the hired firm did wrong, but they can often get a rude...more

Third-Party Bad Faith Is Dead Again!

by Steptoe & Johnson PLLC on

Back in June 2016, we reported on a 3-2 Memorandum Decision of the Supreme Court of Appeals of West Virginia (“WVSCA”) which appeared to be a disguised (and prohibited) third-party bad faith claim under a liability policy. In...more

Is Your Business Insured Against A Cyber Attack?

by Partridge Snow & Hahn LLP on

Your business has insurance coverage for flood and fire damage. You are protected if an employee gets into a car accident. But are you covered for a cyber attack?...more

Obligations of Insurer and Policyholder - October 2017

by Foley Hoag LLP on

Scope: The “Comparison Test” - The defense obligation arises when a defense is needed: at the outset of the suit. It follows that, unlike the duty to indemnify (which depends on the “true” facts as they are determined in...more

Steps and Resources to Recover Homeowner Insurance Benefits After a Fire: A Tip-Sheet for Homeowner / Small Business Insurance...

by Farella Braun + Martel LLP on

Before worrying about an insurance claim, first ensure that you and your family, including pets and extended family, have their immediate needs met, particularly medical needs. When you are ready to begin the recovery...more

Insurance Coverage – Indemnification Under Excess Policies

by Low, Ball & Lynch on

Montrose Chemical Corporation of California v. Superior Court - Court of Appeal, Second Appellate District (September 8, 2017) - The California Second District Court of Appeals’ recent decision in Montrose Chemical...more

Insuring the Product Liability Risks of Cannabis

by Wilson Elser on

Legal adult-use marijuana is associated with risks that may cause bodily injury and property damage. Many of these risks have been well documented and widely discussed in the media, including theft, fire, motor vehicle...more

Insurance Coverage for the Opioid Crisis

by Blank Rome LLP on

With the “opioid epidemic” at an all-time high—and the resulting news coverage and public awareness also at an all-time high—now is the time for pharmaceutical companies, pharmacists, hospitals, doctors, first responders, and...more

GovTech M&A

by Womble Bond Dickinson on

A Selection of Evolving Trends in Mergers and Aquisitions - Buyers are aggressively targeting companies with differentiated technology and strategically-positioned intellectual property....more

More “Additional Insured” heartache

by Butler Snow LLP on

We’ve chronicled some of the ways in which an “Additional Insured” can be disappointed. The most recent is from Pennsylvania, where the United States District Court Judge agreed with the Magistrate that the Additional...more

Business Risk Doctrine No Talisman in CGL Coverage Dispute

by Reed Smith on

In a recent decision, the California Court of Appeal demonstrated that it continues to apply rules of insurance policy interpretation that are favorable to policyholders. Rejecting an insurer’s strained readings of its policy...more

Blunt Talk about Cannabis and Insurance

by Pessin Katz Law, P.A. on

I have been in a haze recently due to marijuana. Granted, I do not smoke, toke, or even eat pot laden brownies—I truly never have. But each insurance conference I go to and each insurance journal I read, I find articles...more

Be Smart about Insurance for the Smart Grid: Coverage for Losses from Cyber Events—Part II

by Blank Rome LLP on

In Part I of this two-part series, I identified first-party and third-party insurance claims that could result from a cyber event or attack on the Smart Grid. In this part, I examine how insurance policy language governs...more

California Court of Appeal: Inserting The Phrase “Ongoing Operations” In An Additional Endorsement Is Not Enough to Preclude...

In a victory for additional insureds, a California appeals court held, in Pulte Home Corp. v. American Safety Indemnity Co., Cal.Ct.App. (4th Dist.), Docket No. D070478 (filed 8/30/17), that an insurer’s denial of coverage...more

Hurricane Irma: Maximizing Insurance Recoveries

Hurricane Irma’s epic scope and wind speed suggest that affected businesses and other organizations take immediate and proactive steps to maximize insurance recovery....more

California: “Ongoing Operations” AIE Limitation Does Not Preclude Completed Operations Coverage

by Cozen O'Connor on

For the first time in a published opinion, a California appellate court directly addressed whether the ongoing operations limitation in additional insured endorsements (AIEs) precludes completed operations coverage. In Pulte...more

Don’t Judge an Insurance Policy by its Cover

by Davis Brown Law Firm on

Whether you are a developer, builder, design professional, subcontractor, or supplier, one of the most important aspects of risk management is ensuring both you, and any entities with whom you contract, have good insurance....more

Hurricane Harvey: Insurance Implications [Updated]

Hurricane Harvey and its associated rainfall have simply devastated much of southeastern Texas. Many areas were left inaccessible, or without water or power services. Evacuation and curfew orders limited travel and...more

What a New Texas Insurance Law Means, and Doesn’t Mean, for Harvey’s Victims

As Hurricane Harvey continues to wreak historic damage in Texas, recent updates to a state law dealing with the responsibilities of insurers are scheduled, by sheer coincidence, to take effect this Friday, September 1, 2017....more

The Ninth Circuit Bars Wrongful Act Coverage Against TCPA Claims Despite Strong Dissenting Opinion that Majority Misconstrued the...

by Nossaman LLP on

On August 23, 2017, in a split Opinion, the Ninth Circuit issued its ruling in Los Angeles Lakers, Inc. v. Federal Ins. Co., Case No. 15-55777 (9th Cir. Aug. 22, 2017), an insurance coverage dispute related to an underlying...more

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Cybersecurity

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