News & Analysis as of

Policy Terms

McGuireWoods LLP

Sixth Circuit Finds Coverage Under Crime Policy for Business Email Compromise

by McGuireWoods LLP on

For the second time in ten days, a federal appeals court ruled a crime insurance policy provides coverage for losses arising from a business email compromise. In American Tooling Center, Inc. v. Travelers Casualty and Surety...more

Taylor English Duma LLP

The Art of Proving Your Collectible Loss is “Rare”: Dangers of Blanket Policies

by Taylor English Duma LLP on

The insurance coverage purchased in a blanket policy may seem broad, but this broad coverage is then limited by definitions, conditions and exclusions. These terms narrow the perceived coverage and can render the presumed...more

Carlton Fields

Texas High Court Declines To Enforce Compel Arbitration Against Non-Signatory

by Carlton Fields on

In a recent dispute involving a crop insurance policy, the Texas Supreme Court held that an independent insurance agency could not compel arbitration of certain claims brought against it in state court by an insured (JJ...more

Carlton Fields

Northern District Of New York Allows Evidence That Follow The Fortunes Or Follow The Settlements Provision Could Be Implied In...

by Carlton Fields on

Munich Reinsurance America, Inc. and Utica Mutual Insurance are headed to a bench trial in the United States District Court for the Northern District of New York in a case regarding two facultative reinsurance certificates...more

Traub Lieberman Straus & Shrewsberry LLP

Massachusetts Court Address Coverage For Preventative Maintenance

by Traub Lieberman Straus & Shrewsberry LLP on

In Roche Bros. Supermarkets, LLC v. Continental Cas. Co., 2018 Mass. Super. LEXIS 81, the court addressed whether an all risk commercial property insurance policy that insures against risks of direct physical loss of or...more

Stinson Leonard Street - Arbitration Nation

No Arbitration Because Ricky Martin Is a Singer, Not a Signer

by Stinson Leonard Street - Arbitration Nation on

Today’s reminder: the general rule is that an arbitration agreement can only be enforced by the parties to that agreement. And how better to timely bring that lesson to life than with an international pop star and a World...more

Hogan Lovells

The new policyholder protection rules - Alert 11

by Hogan Lovells on

The notice for the new long-term and short-term PPRs was published on 15 December 2017 in the Government Gazette. Remember that the PPRs apply to natural persons and juristic persons whose asset value or annual turnover is...more

Payne & Fears

How Insurers Try To Limit Coverage For Punitive Damages

by Payne & Fears on

Insurers treat it as a given that their policies do not cover punitive damages, and insureds often mistakenly accept that premise. However, there are circumstances in which punitive damages may be covered, and some insurers...more

Dickinson, Mackaman, Tyler & Hagen, P.C.

Cyberinsurance Covers Claim, But Probably Not for Long

by Dickinson, Mackaman, Tyler & Hagen, P.C. on

A recent decision from the Sixth Circuit Court of Appeals is another victory for an insured whose insurance company denied coverage after a social engineering cyberattack. This victory, however, will likely be short lived for...more

Esquire Deposition Solutions, LLC

AOB lawsuits compound agony of Florida hurricanes

by Esquire Deposition Solutions, LLC on

The storms of 2017 not only affected lives and property, they occasioned a flurry of litigation in Florida that has revived perennial calls for reform. During hurricane Irma, strong winds blew trees onto roofs, and heavy...more

Carlton Fields

Defining ‘Logical Connection’: NC Federal Court Tackles ‘Related Claims’

by Carlton Fields on

Insurance carriers and policyholders often argue about the scope of policy provisions. Generally, policyholders take an expansive view of insuring agreements, while carriers often construe them more narrowly. But not all...more

White & Case LLP

Particularly onerous or unusual contract terms: parties have wide freedom to agree

by White & Case LLP on

In Goodlife Foods Limited v Hall Fire Protection Limited [2018] EWCA Civ 1371 the English Court of Appeal held that a "stringent" limitation of liability clause was not particularly onerous or unusual....more

Reminger Co., LPA

The Ohio Supreme Court Deals a Heavy Blow to the Use of the Delayed-Damage Rule Against Insurance Agents in Professional Liability...

by Reminger Co., LPA on

Statutes of limitation govern the length of time a plaintiff has to file a claim against a defendant. Under Ohio law, the date a statute of limitations accrues, or the date the clock starts to run, is generally the date of...more

Carlton Fields

Ninth Circuit: Face Amount Controls Amount-in-Controversy Questions Where Policy’s Validity is Disputed

by Carlton Fields on

In March, the Ninth Circuit provided clarity on a key and recurring issue relevant to a district court’s ability to exercise subject matter jurisdiction in actions involving the validity of life insurance policies. ...more

White and Williams LLP

Second Circuit Holds Phishing Email Using PHP Script is Covered “Computer Fraud”

by White and Williams LLP on

Scams from business compromise emails (BECs) have been labeled by the FBI as a “$5 billion” problem. Sometimes known as “CEO Fraud,” BECs are where an email, purportedly coming from a high-ranking company official or vendor,...more

Bradley Arant Boult Cummings LLP

Ponzi Coverage: A Unique Twist from Connecticut

by Bradley Arant Boult Cummings LLP on

Kostin v. Pacific Indemnity is a recent federal decision from Connecticut denying insurance coverage that should be of particular interest to those impacted by a Ponzi scheme. In a coverage dispute arising out of the Madoff...more

Polsinelli

Cyber Security Insurance: Nine Questions to Ask to Determine Your Exposure

by Polsinelli on

There is an increased interest in cyber security insurance for businesses amid frequent news of computer hacking, network intrusions, data theft, and high-profile ransomware attacks. Originally published in Houston...more

Carlton Fields

To Defend Or Not To Defend? Northern District Of Ohio Provides Guidance For Determining Whether To Defend An Arbitration

by Carlton Fields on

While the rules for determining whether a liability insurer has a duty to defend a lawsuit are generally well-known, questions can arise when an insurer is asked to defend an arbitration....more

Bryan Cave Leighton Paisner

Am I Covered? What You May Be Missing In Your D&O Liability Insurance

by Bryan Cave Leighton Paisner on

To address the risk of personal liability that directors and officers may face for claims made against them in their corporate roles, companies often purchase director and officer (“D&O”) liability insurance. The role of such...more

Carlton Fields

The Sentinel Strike: The Hartford’s Gift To New York Insurers In The War To Stop Policyholder Experts From Claiming Ambiguities...

by Carlton Fields on

In this age of exponentially increasing technology, we can rely on one certainty in property casualty jurisprudence – that is, bold policyholder assertions supported by even bolder “expert” opinions. In BF Advance, LLC v....more

Jaburg Wilk

Arizona Court of Appeals Holds Anti-Stacking Provision Inapplicable in Policies Issued by "Affiliated Insurers"

by Jaburg Wilk on

The Holding - In Hanfelder v. Geico Indem. Co., WL 2018 WL 2315949 (May 22, 2018), the Arizona Court of Appeals reversed summary judgment granted to an Insurer because the Policy’s “imprecise” anti-stacking language did...more

Cozen O'Connor

Texas Court Holds That Unpaid Appraisal Award Does Not Conclusively Establish Causation or Damages in Hurricane Ike Insurance...

by Cozen O'Connor on

While Hurricane Ike made landfall in Texas almost ten years ago, the resulting litigation is alive and well as evidenced by the recent decision in Texas Windstorm Insurance Association v. Dickinson Independent School...more

Robinson+Cole Property Insurance Coverage...

Scope of Recoverable Damages: District of New Jersey Finds Insureds Not Entitled to Replacement Cost Value Until Damaged Property...

by Robinson+Cole Property Insurance Coverage... on

Property insurance policies typically require that the insured repair or replace damaged property before recovering on a replacement cost value (RCV) basis. ...more

White and Williams LLP

Another Court Broadly Construes “Interrelated Wrongful Acts” Provision

by White and Williams LLP on

A key component to any claims-made policy is the existence of an “interrelated wrongful acts” provision. Claims-made policies typically provide coverage only for claims first made during the given policy period. Interrelated...more

Steptoe & Johnson PLLC

First Look - Spring Issues 2018

by Steptoe & Johnson PLLC on

“An insured owes an obligation to cooperate with its insurer. Generally, this duty to cooperate flows from a specific provision in the insurance contract, usually referred to as the ‘cooperation clause.’” However, even if...more

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Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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