The Duty to Cooperate Under a Liability Policy
Best Practices for Negotiating Manuscript Exclusions
AGG Talks: Healthcare Insights - Episode 1: A Primer for Providers When Insurance Companies Refuse to Pay
D&O Insurance Myths (Part 2)
The Standard Formula Podcast | Understanding Insurance Resolution Regimes
Still Looking: How to Find Those Missing Policies Covering Long Tail Liabilities
Jeremy Levy on Recent RWI Challenges and Near-term Outlook
Protect Your Construction Project: Top 10 Insurance Provisions to Know
Filing Insurance Claims After the Texas Winter Storm
Lowenstein’s New Insurance Recovery Podcast Series, “Don’t Take No for an Answer”
JONES DAY TALKS®: COVID-19 and Business Insurance
Cyber Insurance 101: What It Is And Why You Need It
The United States District Court for the Southern District of California, applying California law, has held that an email issued to an insured homeowners association (“HOA”) before the inception of the relevant claims-made...more
A June 16 appellate decision involving the construction of a cyberinsurance policy demonstrates a concerning lack of judicial understanding about the nature and scope of cyber liability coverage and implicitly incentivizes...more
The International Group of P&I Clubs (IG) has announced an amendment to the Inter-Club New York Produce Exchange Agreement 2011 (ICA). The ICA 2025 amendment will take effect on July 14, 2025 and represents only the fourth...more
The New Mexico Court of Appeals has held that cyber policy language affording coverage “for” a security breach was ambiguous and must be construed broadly to provide coverage for a breach of contract claim “because of,”...more
In a 230-page judgment handed down by Mr Justice Christopher Butcher in the English High Court on June 11, 2025, six aircraft leasing companies secured “one of the largest sums ever awarded by the English courts” (according...more
Increasing abuses in the claims process have caused insurance companies to rethink the traditional model of sending out cash to pay claims. Far too often, that cash is used for purposes other than fixing damage, with a...more
The United States District Court for the Southern District of West Virginia, applying West Virginia law, has held that an insurer was entitled to rescind an insurance policy based on the insured’s misrepresentations regarding...more
The hallmark of a claims-made liability policy is coverage exclusively for claims “first made” during the policy period, thus limiting the insurer’s risk to new claims asserted against the policyholder during a finite time...more
Builder’s risk insurance is a cornerstone of effective risk management in the construction industry. It offers protection against a variety of physical and financial risks that can impede the successful and timely completion...more
Background - The English Commercial Court has handed down a highly anticipated judgment in a multi billion-dollar insurance claim arising out of the failure of various Russian airlines to return leased aircraft to lessors...more
On Monday, June 9, 2025, the Eighth Circuit Court of Appeals ruled that a Missouri real estate developer could not recover insurance proceeds for lost rental income arising out of a retaining wall failure that caused delays...more
Owners can trigger an insurance policy without formally alleging a tort claim if the contractor's defective work could support a tort claim. The Oregon decision may allow property owners to assert only a breach of...more
In an opinion issued on May 8, 2025, the Second Circuit Court of Appeals addressed two cases: Certain Underwriters at Lloyd’s London v. 3131 Veterans Blvd LLC and Certain Underwriters at Lloyd’s London v. MPIRE Properties...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 Comprehensive Medical Center, Inc. v. State Farm Mutual Automobile Insurance Company, 2025 WL 416814 (9th Cir. 2025), the Ninth Circuit Court of Appeals affirmed the district court’s determination that the period of...more
Miller v. USAA General Indemnity Company, No. 23-1934 (3d Cir. Jan. 7, 2025) - The plaintiff, who resided with her daughter in the home of her daughter’s paternal grandmother, sought UIM benefits under an auto insurance...more
In a recent decision, Gray v. Philadelphia Contributionship, 748 F. Supp. 3d 367 (D. Md. 2024), U.S. District Judge James K. Bredar granted a policyholders’ motion to compel appraisal and stayed litigation in a diversity...more
“Ensuing loss” provisions have long been the subject of nuanced arguments in insurance litigation. The provisions, which sometimes afford coverage for a “covered loss” stemming from an expressly excluded peril, serve as...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
The United States District Court for the District of Kansas, applying Kansas law, has held that an insurer must show prejudice to deny coverage when an insured provided notice of a claim within the policy’s three-year policy...more
In Fif Engineering, LLC v. Pacific Employers Ins. Co., No. 24-665, 2025 WL 593384 (S.D. Tex. Feb. 24, 2025), a United States District Court for the Southern District of Texas, Houston Division, granted an insurer’s motion to...more
The United States District Court for the Northern District of California, applying California law, has held that a retroactive date endorsement limited coverage to $1 million if a claim involved wrongful acts occurring prior...more
Mr./Ms. Negotiator/scrivener/reviewer of Master Service Agreements: When did you last review your go-to indemnity provision? In light of Century Surety Company v. Colgate Operating LLC., perhaps you should do it now. The...more