Loading and Unloading Under GL and Auto Policies: 2024
Standard Formula Podcast | Reinsurance and Risk Transfer: Risk Mitigation Under the Solvency II Regime
A Deeper Dive Into Insurance Topics for Nonprofits: Special Events Coverage and Considerations When Making Claims
Nonprofit Basics: Insurance Coverage for the New Nonprofit
Loading and Unloading Under GL and Auto Policies: 2022
Insurance Renewals: Know When to Hold ‘ Em, Know When to Walk Away
Cyberside Chats: There is a war in Europe. What does that mean for your cyber insurance policy?
How to Use an Insurer’s Service Offerings to Reduce Costs
Coverage Litigation Leapfrog: Why Venue Matters and How to Avoid Pre-emptive Strike Actions
Can’t We All Just Get Along? Effective Ways to Navigate the Tri-Partite Relationship Among Policyholders, Insurers, and Insurer Chosen Defense Counsel
NGE On Demand: Insurance and Indemnity Issues for Family Offices with Angela Elbert
Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
Subro Sense Podcast - Considerations In Fixed Funds/Limited Pool Scenarios
In Caribe D. Billie v. Plymouth Rock Assurance Corp. et al, the U.S. District Court for the District of Connecticut granted Plymouth Rock Assurance Corp.’s (“Insurer”) motion for summary judgment, holding that the Insurer was...more
In this episode of "Don't Take No For An Answer," host Eric Jesse and Heather Weaver from Lowenstein's Insurance Recovery Group invite guest Michael Young, partner at Reichardt Noce and Young, to discuss an insurer's duty to...more
How does the life insurance claims process work? Industry surveys contend that life insurance claims are denied less than 5% of the time, while others more skeptical of the life insurance industry believe the denial rate is...more
In Wolf v. Riverport Insurance Co., the Seventh Circuit Court of Appeals affirmed the district court’s holding, under Illinois law, that an underinsured motorist insurer did not breach its insurance contract, and no implied...more
Excess insurance policies are generally written to be just that; they—through their “other insurance” provisions—purport apply in excess of other insurance available to the insured. In many jurisdictions, courts will commonly...more
This is the first in a series of discussions about insurance issues unique to the Lone Star State. For nearly a century, the Stowers doctrine has been a critical cornerstone of Texas insurance law protecting insureds...more
The Second Appellate District of the California Court of Appeal recently affirmed a lower court ruling that wildfire debris on an insured’s property did not qualify as “direct physical loss” within the meaning of a homeowners...more
The foundation of a policyholder’s agreement to pay premiums for a standard commercial general liability policy (CGL) is the insurer’s agreement to defend the policyholder against lawsuits and shoulder the costs of the...more
For this holiday season, we’re looking at a recent case out of Texas that operates as a small gift for insurers, which provides a relatively bright-line rule for future Stowers analyses. As we have previously written, while...more
Bermuda is a British Overseas Territory. The modern legal system of Bermuda is established by the Bermuda Constitution Order 1968, an Order in Council of the United Kingdom that established the Supreme Court as the primary...more
There is a famous scene in The Pink Panther Strikes Again where inspector Clouseau asks a hotel clerk if his dog bites, to which the clerk responds “no.” When Clouseau goes to pet the dog, it viciously bites him on the hand....more
Key Points: Where the language in an insurance contract is plain and unambiguous, the courts must interpret the terms of the contract according to their plain meaning as written....more
Drafters beware! No assignment clauses vs transfers by operation of law - In Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd1 , the Court of Appeal found that the transfer of rights to an insurer by operation of...more
Insurers are impacted in many ways by the United States (U.S.) Supreme Court decisions, but very rarely does the Supreme Court wade into decisions directly involving insurance contracts or the rights of insurers. This term,...more
In a 9-0 decision, the U.S. Supreme Court held on February 21, 2024, that choice-of-law clauses in marine insurance contracts are presumptively enforceable under federal maritime law. These clauses should be enforced unless...more
Under Federal Admiralty Law, Choice-of-Law Provisions in Maritime Contracts are Presumptively Enforceable - A battle between federal maritime law and state insurance rules was decided today by the highest court when the...more
When a new claim is made or a lawsuit is filed, one of the first questions asked is whether the policy at issue contains a choice of law provision. These provisions dictate the law that should govern the parties’ dispute and...more
Voyager Indemnity Insurance Company (“Voyager) issued a commercial liability insurance policy to MRB Construction, Inc. (“MRB Construction”), a framing subcontractor. As is common with such policies, MRB Construction’s policy...more
Bucking a general consensus that had emerged over the last decade, a South Florida federal district court ruled recently that Florida law would govern a property insurance dispute involving Florida real property, even though...more
Cannabis operators and ancillary service providers face mounting losses and liabilities from theft, cyber-attacks, natural disasters, product recalls, text marketing, and employment wage and hour issues. In 2022, risk...more
A Missouri federal district court became the second court within the past 15 months to consider whether a state's public policy overrides an insurance policy's choice of law provision. Maritz Holdings v. Certain Underwriters...more
In Dones v. Life Ins. Co. of North America (No. A157662, filed 10/7/20), a California appeals court held that whether an insurer had waived or was estopped to assert that an “active service” requirement prevented inception of...more
Following other states, like Georgia, that have recently issued orders that prevent insurers from canceling insurance policies during the ongoing pandemic, Delaware has issued an order that insurers cannot cancel policies...more
It is rare for the federal courts of appeals to grant petitions for rehearing. See Hon. R. Arnold, “Why Judges Don’t Like Petitions for Rehearing,” 3 J. App. Prac. & Proc. 29 (2001). Current statistics are a bit hard to find,...more
Policyholders take notice – a recent New York case highlights the importance of thoroughly analyzing and understanding all policy language to minimize project risk and ensure proper coverage. As an illustration, the Court of...more