News & Analysis as of

Commercial Insurance Policies

Bonus Post: Other Notable Changes to the A201 Construction Contract (law note)

by Melissa Dewey Brumback on

Following our deep-dive into the newest A201 changes, and as promised in yesterday’s Insurance changes post, here are a few bonus changes to the General Conditions of the Contract...more

Unexpected Loopholes to Liability for Special Events

by Barley Snyder on

The upcoming warmer weather will signal the start of race season, with organizations and businesses throughout central Pennsylvania hosting 5k run/walks, bike races and or any kind of outdoor activity to raise money for...more

California Federal Court: “All Sums” Allocation Applies to Meso Case Under CA and NY Law

by White and Williams LLP on

On March 15, 2018, a California federal court (for the Northern District) ruled that under either California or New York law an “all sums” allocation applies to claims for coverage for an underlying mesothelioma wrongful...more

OnRisk: Arbitration Provisions in Insurance Policies

by K&L Gates LLP on

In this episode of OnRisk, Carolyn Branthoover and Sarah Turpin talk about the increasing frequency of arbitration clauses in insurance policies, the enforceability of arbitration agreements in both the U.S. and in the UK,...more

OnRisk: The Misrepresentation Defense

by K&L Gates LLP on

In this episode of OnRisk, K&L Gates attorneys Carolyn Branthoover and Max Louik discuss the misrepresentation defense, also known as the rescission defense, a defense that insurers have been aggressively pursuing in recent...more

OnRisk: Business Interruption Insurance for Hurricane Losses

by K&L Gates LLP on

In this episode of OnRisk, K&L Gates attorneys John Sylvester and Paul Fuener discuss business interruption insurance for hurricane losses, highlighting important steps that policyholders can take to protect their interests...more

Sudden impact: When a spouse unexpectedly dies

It’s almost impossible to fully prepare for a spouse’s sudden death, but it helps to keep one’s finances organized and communicate with a spouse about these matters. This article offers points to address in the event a spouse...more

2018 Allianz Risk Barometer Highlights Business Interruption and Cyber as Two Most Important Risks of New Year

Allianz’s yearly survey of nearly 2,000 risk experts from 80 countries highlights business interruption and cyber incidents as the top two major threats for companies through 2018 and beyond. Forty-two percent of responses...more

Aircraft Less Lesson Learned: Is Your Aircraft Properly Insured?

by Benesch on

Commercial transactions, particularly those involving aircraft lease agreements and insurance coverage, often involve numerous parties and complex relationships between them. The Eleventh Circuit’s decision in Aviation One of...more

Insurance Broker Series: Larry Reback, Integro Insurance Brokers

Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of...more

Insurance Broker Series: John Orr, Integro Insurance Brokers

Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of...more

Defence + Indemnity: December 2017 - I. Insurance Issues C.

by Field Law on

I. INSURANCE ISSUES - E. A hospital insurer was held to owe a duty to defend a hospital employee sued for the privacy tort of inclusion upon seclusion, as such was an “invasion or violation of privacy” or an “invasion or...more

Insurance Broker Series: Daniel Law, The Liberty Company Insurance Brokers, Inc.

by Farella Braun + Martel LLP on

Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of...more

Get fiduciary liability insurance

by Ary Rosenbaum on

The warranty in the electronics business is gravy for the retailers who sell it. You’ll be surprised how many people pay $20 to get a warranty on a $100 Blu-Ray player. When Best Buy was going national, they advertised how...more

Risk Mitigation Strategies for Food and Beverage Companies: Five Prophylactic Measures

by Dorsey & Whitney LLP on

Each year, food, beverage and agribusiness companies pay millions of dollars in settlements, penalties and judgments to consumers allegedly harmed through the sale, advertisement and manufacture of their products. The legal...more

Is Event Cancellation Coverage Up In Smoke?

by Zelle LLP on

As of the date of the publication of this blog entry, the wildfires that have been ravaging Northern California since October 8, 2017 have been somewhat contained. However, the slightest change in weather conditions could...more

Northern California Wildfires — Important Insurance Coverage Considerations

by K&L Gates LLP on

The ongoing Northern California wildfires are already the most destructive in the state’s history. In addition to the tragic loss of dozens of lives, California officials have reported that at least 5,700 structures have been...more

Innovative Insurance Products Address Legal Issues in Public M&A

by Latham & Watkins LLP on

Dealmakers’ appetite for transactions involving publicly listed companies remains strong — 2016 saw an increase in deal volume, a trend which continues into 2017. However, deals remain challenging, partly due to limitations...more

Wildfires Rage: Insurance Advice for Recovery After the Smoke Clears

Some guiding principles, taken from decades of experience representing insurance policyholders in California and around the globe - The Wine Country fires, and the uncertainty of their cause, may complicate insurance...more

K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II

by K&L Gates LLP on

This is the second episode in a three-part series on emergency preparedness and response in long-term care. Since natural disasters can result in monumental expenses for rebuilding facilities, it is important to understand...more

Flood Exclusion Unambiguously Excludes Coverage For $49.5M In Hurricane Sandy Losses Caused By Storm Surge

by Cozen O'Connor on

Cozen O’Connor attorneys Thomas McKay III, Richard Mackowsky, Charles Jesuit, and Melissa Brill recently secured summary judgment from the United States District Court for the Eastern District of New York in favor of Great...more

SC Supreme Court Says Insurers Can’t Cloud Allocation of Covered and Non-Covered Damages

The South Carolina Supreme Court’s decision in Harleysville Insurance Co. v. Heritage Communities, Inc., modified July 27, 2017, continues a trend of decisions aimed at preventing an insurer from acting in its own interest to...more

Commercial Leases Underwater from Harvey

by Gray Reed & McGraw on

Because of Hurricane Harvey, oil and gas production company Gonzales Energy and its owner Paunscho are treading water. Rising hurricane flood waters destroyed his files, water-logged his computers and ruined office equipment...more

Insurance Coverage – Analysis of Professional Liability Exclusion

by Low, Ball & Lynch on

Energy Insurance Mutual Limited v. ACE American Insurance Company - Court of Appeal, First District (July 11, 2017) - This case involves an insurance coverage dispute arising from an explosion that occurred when an...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

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