News & Analysis as of

Misrepresentation Insurance Industry

Rivkin Radler LLP

September 2024 Insurance Update

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In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of...more

Wiley Rein LLP

Policy Rescinded Based on Insured’s Material Misrepresentation in Renewal Application

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An Indiana federal court, applying Indiana law, has held that an insurer could rescind a claims-made-and-reported professional errors and omissions policy based on misrepresentations made by the insured in the policy renewal...more

Zelle  LLP

Climate Change Litigation: What Can Liability Insurers Expect in 2024?

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Climate litigation against companies is increasing and the stakes are getting higher. Last year saw more headline-making claims being brought against corporations and a slew of important decisions from courts in...more

Hinshaw & Culbertson - Insights for Insurers

[White Paper] United States Insurance Trends and Decisions 2023

As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more

Rivkin Radler LLP

Creditors Committee’s Request to Sue Diocese Insurers Denied

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Recently, a bankruptcy judge denied a request by a creditors’ committee to sue the insurers of the Roman Catholic Diocese of Rockville Centre (the “Debtor”). The judge found that the Official Committee of Unsecured...more

Foley & Lardner LLP

How Companies Can Audit Insurance Policies to Determine PFAS Coverage

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Companies operating in the food and beverage industry are dealing with PFAS-related issues on a daily basis. So far, twelve states have passed legislation regulating PFAS, and each of those twelve states explicitly targets...more

Foley & Lardner LLP

Navigating the AI Frontier: Legal and Operational Insights Into Generative AI

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In our ever-changing technological environment, artificial intelligence (AI) is beginning to exert its influence on numerous sectors, revolutionizing our approach to work. As businesses and organizations worldwide adopt...more

Alston & Bird

Class Action & MDL Roundup 2023 Q2 – Ascertainability Lives!

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2023. In this edition, essential oils may need therapy, an ever-growing library goes nowhere, and one...more

Farella Braun + Martel LLP

Disputes Between Shareholders May Not Be Governed by Fiduciary Duties but Could Be Covered by Insurance

Disputes regarding ownership interests often arise in the context of closely held corporations, particularly when directors, officers, or majority shareholders sell or acquire ownership interests in the company. These...more

Foley & Lardner LLP

My Employees Are Using ChatGPT. What Now?

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In the rapidly evolving world of artificial intelligence (AI), one development stands out for its transformative potential: the rise of generative AI tools. Many major technology companies are building the large language...more

Wiley Rein LLP

Material Misrepresentations on Application and Prior Knowledge Preclude Professional Liability Coverage for Behavioral Health...

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The United States District Court for the Central District of California, applying California law, has held that an insured behavioral health center’s material misrepresentations on an application and its prior knowledge...more

Wiley Rein LLP

Insurer Entitled to Rescission for Insured’s Misrepresentations on Renewal Application

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The United States District Court for the Central District of California, applying California law, has held that an insurer was entitled to rescind a professional liability policy issued to a healthcare facility because the...more

Wiley Rein LLP

Company’s Misrepresentations Warrant Policy Rescission Under Florida Law

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A Florida federal district court has held that an insurer is entitled to rescind a directors and officers (D&O) policy it issued to its insured due to the insured’s misrepresentation of material facts on its application for...more

Wiley Rein LLP

“Notice of Cancellation” Meets California Requirements for Notice of Rescission

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A California federal court has held a “Notice of Cancellation” was sufficient to meet the substantive requirements of rescission in California, where the notice informed the insured of misrepresentations on the application...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - September 29 2022

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Court Finds That Named Insured “Executed” Contract With Additional Insured, Triggering Duty To Defend- Stoncor, a flooring systems manufacturer, sent Surfacesys a proposed Master Installation Agreement to become an...more

A&O Shearman

Illinois District Court Grants In Part And Denies In Part Insurance Company’s Motion For Summary Judgment In Putative Securities...

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On July 26, 2022, Judge Robert W. Gettleman of the United States District Court for the Northern District of Illinois Eastern Division granted in part and denied in part a motion for summary judgment in a securities fraud...more

Rivkin Radler LLP

Insurance Update - April 2022

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Cases in our April Insurance Update address several questions: •Are costs incurred to comply with a subpoena covered? •What must an insured show to rebut the presumption of prejudice in a late notice situation? •What...more

Rivkin Radler LLP

Insurance Update - October 2021

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Here’s our October Insurance Update. The Sixth Circuit had insurance on its mind this past month. Three of the decisions we discuss in our update are from that court. First, the Sixth Circuit joins the Eighth and...more

Rivkin Radler LLP

Insurance Update - September 2021

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September. Synonymous with back to school, the end of summer, and the start of the NFL season. And while the Cowboys and Bucs kicked off the season this year, another epic battle was brewing out west in the corridors of the...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - August 2021

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Court Declines To Rescind Policy Based On Issues Of Fact As To Materiality Of Alleged Misrepresentations- Union Mutual disclaimed coverage for a fire loss at its insured’s restaurant and sought to rescind its policy based...more

Holland & Knight LLP

Food and Beverage Law Update: July 2021

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"The overwhelming majority of courts have concluded that neither COVID-19 nor the governmental orders associated with it cause or constitute property loss or damage for purposes of insurance coverage." So concluded the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2020

In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two...more

White and Williams LLP

10th Circuit Allows Insurer to Avoid Bad Faith Claim By Settling with Claimant and Pursuing Recovery from Insured

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The 10th Circuit endorsed a clever way for an insurer to avoid a bad faith claim where there were potential misrepresentations in the policy application. In Evanston Insurance Company v. Aminokit Labs, Inc., the court...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - August 2019

In this month's edition of our Privacy & Cybersecurity Update, we examine the European Parliament's report on whether and how the use of blockchain technology can comply with the General Data Protection Regulation, as well as...more

Robinson+Cole Property Insurance Coverage...

Failure to Cooperate and Misrepresentation: New York Federal Court Grants Summary Judgment Finding Insured Explanations for False...

While issues of fact can preclude summary judgment in some cases involving failure to cooperate and misrepresentation, a New York federal court recently granted summary judgment to an insurer in this context. ...more

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