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Policy Exclusions Corporate Counsel

Fisher Phillips

Appeals Court Hands Victory to Transgender Employee Seeking Health Benefits: Key Takeaways and 3 Steps Employers Can Take Now

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A federal appeals court recently held that an employer’s health insurance plan wrongly excluded coverage for gender-affirming care in violation of federal civil rights law – offering a warning to employers across the country...more

Wiley Rein LLP

Illinois Federal Court Holds No Duty to Defend Lawsuit Alleging BIPA Violations

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The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an insurer had no duty to defend an insured against a lawsuit alleging violations of the Illinois Biometric...more

K&L Gates LLP

After Important Cyber Insurance Victory for Policyholders, Focus Turns to Insurers' Proposed Changes to War Exclusions

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A recent appellate court decision could help policyholders secure insurance coverage for losses arising out of state-sponsored cyberattacks. In Merck & Co., Inc. v. ACE American Ins. Co., the Superior Court of New Jersey...more

Wiley Rein LLP

Employment Practices Exclusion of D&O Policy Bars Coverage for Employee Wrongful Death Lawsuit

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The United States Court of Appeals for the Sixth Circuit, applying Ohio law, has held that a directors and officers policy’s employment practices exclusion barred coverage for a wrongful death suit alleging failure to...more

Carlton Fields

Federal Court Rules “Unauthorized Network Access Exclusion” Precludes Coverage for $1.3M Payment From Hacker’s Fraudulent Email

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The U.S. District Court for the Eastern District of Pennsylvania ruled that an insurance policy issued by Federal Insurance Co. excluded coverage for the transmission of $1.3 million by the insured in response to an email...more

Hinshaw & Culbertson - Insights for Insurers

The State Of COVID-19 Coverage Litigation In The United States

The issuance of various governmental orders requiring businesses to temporarily modify or close their operations during the COVID-19 pandemic led to an immediate avalanche of claims and lawsuits involving first-party...more

Carlton Fields

Fifth Circuit Concludes That Compliance With Pandemic-Related Shutdown Orders Does Not Constitute “Direct Physical Loss of or...

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In the recent decision in Q Clothier New Orleans LLC v. Twin City Fire Insurance Co., the Fifth Circuit Court of Appeals affirmed the dismissal of an insured’s claim for coverage under a property policy for loss arising from...more

Ervin Cohen & Jessup LLP

Ninth Circuit Rejects Insurance Coverage for COVID Losses

On March 16, 2022, the Ninth Circuit joined other appellate courts in finding that restaurants were not entitled to insurance coverage for losses due to the COVID-19 pandemic shutdowns. A panel of judges issued an unpublished...more

McGuireWoods LLP

Russia and the Insurance Angle — Tapping Political Risk and Other Insurance Coverages

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The Russian invasion of Ukraine and the resulting sanctions Western countries have imposed on Russia have already caused potentially catastrophic losses for businesses with assets and investments in Ukraine, Russia and...more

Morgan Lewis

Update: Ukraine Conflict Has Implications for Cyberinsurance Policies, Including War Exclusions

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The conflict in Ukraine has raised significant cybersecurity concerns for businesses in the United States and across the world, resulting in an increased focus on using cyberinsurance to mitigate any resulting losses. The...more

Cooley LLP

War and Office of Foreign Assets Control Exclusions: Insurance Policy Language Matters

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Nearly two weeks into the Russian invasion of Ukraine, numerous companies are focused on how the war might impact their business, including their insurance coverage. This advisory provides a high-level overview of two types...more

Ervin Cohen & Jessup LLP

9th Circuit says Computer-Fraud Policies May Cover ‘Spoofing’

Consider the following two scenarios resulting in identical losses, but potentially two entirely different insurance coverage outcomes. In the first instance, a thief hacks, or gains unauthorized entry, into an insured’s...more

Cozen O'Connor

Seventh Circuit Continues String of Insurer Victories in COVID-19 Business Interruption Litigation

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At least five Circuit Courts of Appeal have now come out in favor of insurers in COVID-19 business interruption lawsuits. The latest is the Seventh Circuit Court of Appeals in Sandy Point Dental, P.C. v. Cincinnati Ins. Co.,...more

Cozen O'Connor

Fifth Circuit Finds Potential Coverage for Data Breach; Interprets “Publication” Broadly

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Using general contract interpretation principles, the Fifth Circuit reversed summary judgment in favor of an insurer and found a duty to defend Landry’s in a data breach lawsuit. Landry’s Inc. v. The Insurance Company of the...more

Royer Cooper Cohen Braunfeld LLC

Delaware Supreme Court Finds Fraud Insurable

In a recent decision, the Delaware Supreme Court ruled that insuring against fraud does not per se violate Delaware public policy and held that the insured’s D&O policy covered claims alleging securities fraud. RSUI Indemnity...more

Farella Braun + Martel LLP

In Verizon Decision Careful Review of Insurance Policies Expands Coverage

In Verizon Communications Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa. the Delaware Superior Court ruled that Verizon was entitled to a defense under its D&O policy for fraudulent transfer claims. Although the...more

Perkins Coie

Illinois Supreme Court Affirms BIPA Lawsuits Are Covered by GL Policies

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The deluge of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14 et seq. over the past several years has presented a challenge to companies operating in Illinois. Not surprisingly,...more

Gould + Ratner LLP

Illinois Supreme Court Finds Insurance Coverage for Alleged Violations of BIPA

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The Illinois Supreme Court ruled late last week in favor of a company seeking insurance coverage for defense of a lawsuit alleging the company had violated the Illinois Biometric Privacy Act (BIPA). The ruling in the case,...more

Snell & Wilmer

Delaware Supreme Court Holds That Fraud is Insurable

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In a decision that is likely to reshape directors and officers (“D&O”) policies across the nation, the Delaware Supreme Court has held that fraudulent conduct by corporate officers and directors is insurable under Delaware...more

Burr & Forman

COVID Business Interruption Coverage Cases: Year Anniversary Update

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By March 16, 2020, Americans were only beginning to fully appreciate the dangers of COVID-19 and the extent of its potentially disruptive impact.  On that date, all 50 states had reported at least one coronavirus case, New...more

Payne & Fears

COVID Insurance Coverage One Year Later – Herd Immunity for Insurers or is Coverage Spreading for Policyholders?

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One year ago, when the COVID-19 pandemic ground the world to a halt, our firm’s virtual offices were inundated with calls from policyholders, asking if their current and projected losses due to the pandemic would be covered...more

Wiley Rein LLP

Delaware Supreme Court Applies Delaware Law in D&O Coverage Dispute Involving California Company Incorporated in Delaware

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In a much-watched case, the Delaware Supreme Court has held that Delaware law governs a dispute regarding insurance coverage for a federal securities class action under D&O policies issued in California to a California...more

Farrell Fritz, P.C.

COVID coverage for business losses? “No,” says the first New York court to address the issue of whether a business interruption...

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COVID-19 continues to generate litigation in a variety of contexts in the Commercial Division.  Only two weeks ago did our colleague Madeline Greenblatt author a blog about COVID-19 not excusing commercial rental obligations....more

Seyfarth Shaw LLP

New York Federal Court Weighs in on Insurance Coverage During the Pandemic

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The question of whether businesses may be able to recover for COVID-19-related losses under their insurance policies continues to be an important topic for many as the pandemic continues.  A federal court in New York recently...more

Jaburg Wilk

Arizona District Court Enforces “Virus Exclusion” to Dismiss COVID-19 Related Insurance Claims of Minor League Baseball Teams

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The Holding - In Chattanooga Prof’l Baseball LLC, v. Nat’l Cas. Co., 2020 WL 6699480 (D. Ariz. Nov. 13, 2020) (Order), the Arizona District Court held that a “Virus Exclusion” clearly precluded insurance coverage for losses...more

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