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Corporate Apologies: Balancing Crisis Management, Liability Defense and Insurance Recovery Considerations

It’s time-proven advice: Never underestimate the power of an apology. This is true even in a legal context, and especially during a corporate crisis—an event with the potential to materially harm a company’s reputation or bottom…more

Commercial General Liability Policies, Commercial Insurance Policies, Corporate Culture, Crisis Management, D&O Insurance

See all updates »

Insurer Cannot Avoid Duty to Defend Defunct Insured

A recent decision in the Middle District of Florida, Southern Owners Insurance Company v. Gallo Building Services, Inc., reminds us of the high bar an insurer must clear to avoid its duty to defend an insured—even when that…more

Commercial General Liability Policies, Construction Project, Duty to Defend, General Contractors, Insurance Industry

See all updates »

Navigating Insurance for NYC’s $708M Lawsuit Against 17 Bus Companies

In recent months, the United States-Mexico border has seen an unprecedented surge of migrants. With this wave, various state and local authorities across the nation have expressed a strain on their public resources and housing…more

Affordable Housing, Bad Faith, Border Security, City of New York, D&O Insurance

See all updates »

The Red Zone: College Football and the Risk/Reward of Loss-of-Value Insurance

As summer turns to fall, football fans around the country are brimming with excitement for the 2022 college football season to kick off. This upcoming season is particularly notable as it marks the second year of what has now…more

Alston v NCAA, Insurance Industry, Loss of Value, Name and Likeness, NCAA

See all updates »

Zurich Pleads with Court to Ignore Science

In a recent federal court filing, Zurich American Insurance Company asked the district court to ignore the entirety of science regarding COVID-19 in order to support Zurich’s denial of all coverage for COVID-19 business…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Denial of Insurance Coverage, Insurance Industry

See all updates »

Recent Illinois Supreme Court Decision on Construction Defect Claim Is a Perfect Holiday Gift for Policyholders

The Illinois Supreme Court handed down a big win for policyholders just in time for the holidays. In Acuity v. M/I Homes of Chicago, LLC, the court joined the mainstream of jurisdictions and reversed years-old precedent that…more

Commercial Insurance Policies, Construction Defects, Construction Project, Declaratory Judgments, Homeowners Association (HOA)

See all updates »

California and New York to Open One-Year Windows Reviving Time-Barred Adult Sexual Assault Claims

Four months ago, New York Governor Kathy Hochul signed the Adult Survivors Act (ASA) (S.66A/A.648A), creating a one-year window, beginning November 24, 2022, for adult survivors of sexual assault to bring civil claims against…more

Cal Code of Civil Procedure, California, Civil Claims, D&O Insurance, Employment Practices Liability Insurance (EPLI)

See all updates »

When Actual Knowledge Is Not Notice: Harvard Loses Excess Coverage for Defense Costs in Case Litigated All the Way to Supreme Court

Recently, amid the tempest of media coverage surrounding Supreme Court oral arguments in the case of Students for Fair Admission v. President & Fellows of Harvard College, another federal court quietly issued a dispositive order…more

Harvard University, Insurance Industry, SCOTUS, Students for Fair Admissions v Harvard College

See all updates »

Ready, Set, Action: Camera-Shy Insurers Are Subject to Recording

Resolving an issue of first impression, the California First District Court of Appeal recently decided that property policyholders required to submit to an examination under oath (EUO) have a right to record the entire…more

Appeals, California, Insurance Adjusters, Insurance Industry, Property Insurance

See all updates »

Say What You Mean: Delaware Court Finds Bump-Up Exclusion Ambiguous as Applied to Mergers Versus Acquisitions

Long a feature of directors’ and officers’ (D&O) liability insurance policies, the so-called “Bump-Up” Exclusion has gotten significant attention over the last few years. Because of the recent escalation in securities litigation…more

Acquisitions, Ambiguous, Breach of Duty, Corporate Counsel, D&O Insurance

See all updates »

Abortion as an Employee Health Benefit – How to Protect against Potential Liability Post-Dobbs

Amazon. Bank of America. Citigroup. Dick’s Sporting Goods. JP Morgan. Kroger. Meta. Microsoft. Procter & Gamble. Target. Walt Disney Company. These are just a few of what is a growing list of companies that have offered to cover…more

Abortion, Affordable Care Act, Americans with Disabilities Act (ADA), Cease and Desist Orders, COBRA

See all updates »

Insurance Considerations for Cannabis Delivery Services

The legal cannabis industry in the U.S. is growing at an unprecedented rate and is projected to reach $73.6 billion by 2027. While federal law still classifies marijuana as a Schedule I drug, many states have legalized both…more

Auto Insurance, Cannabis-Related Businesses (CRBs), Commercial General Liability Policies, Crime Insurance Policies, Cyber Insurance

See all updates »

The COVID-19 Insurance Wars Are Just Beginning

We have been carefully monitoring the litigation filed across the country, where businesses are seeking coverage for the business interruption losses arising from the government closure orders issued to address COVID-19. Some of…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Department of Insurance, Insurance Commissioners

See all updates »

Great Sargasso Seaweed Event May Lead to Covered Business Interruption and Loss of Use

As summer vacation rolls around and hotels, restaurants and other hospitality companies gear up for a busy tourist season, coastal businesses in the U.S. Southeast, Puerto Rico and the Caribbean may be welcoming an unexpected…more

Business Disruption, Business Interruption, Commercial Insurance Policies, Hospitality Industry, Hotels

See all updates »

An Update on Recent PFAS Regulation and Enforcement and the Resulting Insurance Implications

In August, we provided an overview of the recent increase in regulatory and private litigation activity around per- and polyfluoroalkyl substances (PFAS), colloquially known as “forever chemicals,” and potential insurance…more

CERCLA, Drinking Water, Enforcement Actions, Environmental Litigation, Environmental Policies

See all updates »

Federal Court Finally Issues an Opinion Analyzing LEG 3 (and It’s a Win for Policyholders)

The London Engineering Group’s LEG 3 exclusion—one of three standard form provisions issued by the London Engineering Group addressing coverage arising from construction or design defects—is an increasingly common defects…more

Design Defects, Federal Court Litigation, Insurance Industry, Rectification, Replacement Costs

See all updates »

Generative AI’s Impact on Insurance Coverage: An Interview with ChatGPT-4 and Coverage Counsel on What Policyholders Should Be Doing Now

Generative AI is transforming our economy in previously unimagined ways, with Goldman Sachs estimating a $7 trillion (7%) increase in global GDP by virtue of this ecosystem. Insurance is but one sector that will be impacted,…more

Artificial Intelligence, Cybersecurity, Employment Practices Liability Insurance (EPLI), Errors and Omissions Policy, Insurance Industry

See all updates »

Colorado Extends Notice-Prejudice Rule for First-Party Occurrence Policies

In a recent win for policyholders, the Supreme Court of Colorado handed down a pair of decisions that extended the notice-prejudice rule to first-party property policies. Colorado law now requires an insurer to demonstrate that…more

CO Supreme Court, Insurance Industry, Property Insurance

See all updates »

Are Insurers’ Panel Counsel Rates Reasonable?

It is a settled principle of insurance law that a liability insurer’s duty to defend is broader than its duty to indemnify. In most jurisdictions, if any portion of a complaint against a policyholder is even potentially covered,…more

Asbestos Litigation, Bad Faith, Duty to Defend, Independent Counsel, Insurance Industry

See all updates »

Corporate Apologies: Balancing Crisis Management, Liability Defense and Insurance Recovery Considerations

It’s time-proven advice: Never underestimate the power of an apology. This is true even in a legal context, and especially during a corporate crisis—an event with the potential to materially harm a company’s reputation or bottom…more

Commercial General Liability Policies, Commercial Insurance Policies, Corporate Culture, Crisis Management, D&O Insurance

See all updates »

Great Sargasso Seaweed Event May Lead to Covered Business Interruption and Loss of Use

As summer vacation rolls around and hotels, restaurants and other hospitality companies gear up for a busy tourist season, coastal businesses in the U.S. Southeast, Puerto Rico and the Caribbean may be welcoming an unexpected…more

Business Disruption, Business Interruption, Commercial Insurance Policies, Hospitality Industry, Hotels

See all updates »

Colorado Extends Notice-Prejudice Rule for First-Party Occurrence Policies

In a recent win for policyholders, the Supreme Court of Colorado handed down a pair of decisions that extended the notice-prejudice rule to first-party property policies. Colorado law now requires an insurer to demonstrate that…more

CO Supreme Court, Insurance Industry, Property Insurance

See all updates »

Winner-Winner: Preserving Your Chicken Dinner with JPI

Judgment Preservation Insurance (JPI), also sometimes referred to as Judgment Protection Insurance, has become both more requested and available in recent years. As more plaintiffs seek ways to protect court judgments, more…more

Appeals, Insurance Industry, Policy Terms, Reduction of Damages, Trials

See all updates »

Navigating Insurance for NYC’s $708M Lawsuit Against 17 Bus Companies

In recent months, the United States-Mexico border has seen an unprecedented surge of migrants. With this wave, various state and local authorities across the nation have expressed a strain on their public resources and housing…more

Affordable Housing, Bad Faith, Border Security, City of New York, D&O Insurance

See all updates »

The Higher the Value, the Greater the Loss: The Importance of Updating Building Values in Inflationary Times

Earlier in 2022, CBRE forecasted a 14.1% year-over-year increase in construction costs by year-end 2022, as labor and material costs continue to rise, despite the expectation that overall cost inflation for materials would begin…more

Commercial Insurance Policies, Commercial Property Owners, Construction Industry, Construction Project, FEMA

See all updates »

U.S. Supreme Court to Decide Whether State’s Public Policy Interest Could Sink Insurance Policy’s Choice-of-Law Provision

The rare insurance dispute has appeared on the horizon for the nation’s highest court. Last month, the U.S. Supreme Court granted certiorari and agreed to take up the case of Great Lakes Insurance SE v. Raiders Retreat Realty…more

Appeals, Breach of Duty, Choice-of-Law, Declaratory Judgments, Fiduciary Duty

See all updates »

Red Sea Dangers: Increasing Insurance Premiums and Introducing Coverage Exclusions for Vessels Transiting the Red Sea

Yemeni-based Houthi forces have attacked more than two dozen vessels transiting the Red Sea since the October 7, 2023, start of the current Israel-Hamas conflict, leading to a surge in marine war insurance premiums. Houthi…more

Commercial Insurance Policies, Insurance Industry, Insurance Rates, Lloyds of London, Marine Insurance

See all updates »

Insurers Seek to Avoid Coverage for BIPA Claims by Using Old Exclusions for New Purposes

When Illinois enacted the Biometric Information Privacy Act in 2008 (BIPA), the concept of “biometric privacy protection” was foreign to many observers. Yet less than 20 years later, consumers are familiar with the concept of…more

Biometric Information, Biometric Information Privacy Act, Class Action, Exclusions, Insurance Industry

See all updates »

Federal Court Finally Issues an Opinion Analyzing LEG 3 (and It’s a Win for Policyholders)

The London Engineering Group’s LEG 3 exclusion—one of three standard form provisions issued by the London Engineering Group addressing coverage arising from construction or design defects—is an increasingly common defects…more

Design Defects, Federal Court Litigation, Insurance Industry, Rectification, Replacement Costs

See all updates »

For Banks Placing or Renewing D&O Coverage, It Pays to Proceed with Caution

The collapse of Silicon Valley Bank (SVB), the failure of Signature Bank, the close-call of First Republic, and the bailout of Credit Suisse had many proclaiming earlier this year that banking was heading toward an industry-wide…more

Banking Sector, D&O Insurance, FDIC, Federal Reserve, Financial Institutions

See all updates »

The Missing Piece of the Cyber Response Plan Puzzle – The Insurance Component

Experts are full of advice about the importance of designing and implementing a robust cyber breach response plan. They opine frequently on its key components, such as identifying the roles and responsibilities of the response…more

Best Practices, Crisis Management, Cyber Attacks, Cyber Incident Reporting, Cyber Insurance

See all updates »

Taking the Market’s Temperature on Coverage for Climate Change-Related Property Damage

Temperatures in Arizona this week reached over 110 degrees Fahrenheit. The water temperature in the Florida Keys was reported to reach sauna-like levels, threatening the life of habitat-sustaining coral. Atmospheric conditions…more

Business Interruption, Climate Change, Insurance Claims, Insurance Industry, Property Damage

See all updates »

Recent Court Decisions Reflect Possibility of Coverage for Losses Suffered by Colleges and Universities Due to COVID-19

Like many businesses, colleges and universities across the country have had to dramatically alter their operations in response to the coronavirus pandemic. Most students completed the spring 2020 semester through online…more

Business Interruption, Business Losses, Class Action, Colleges, Coronavirus/COVID-19

See all updates »

“Blank Space” Becomes Big Win for Builder’s Risk Policyholder

Loyal readers of this blog may recall our recent analysis of Norwegian Hull Club v. North Star Fishing Co., an insurance coverage dispute that appeared likely to turn on the meaning of a blank space in a very large builder’s…more

Builders Risk Insurance, Insurance Claims, Summary Judgment

See all updates »

Recent Illinois Supreme Court Decision on Construction Defect Claim Is a Perfect Holiday Gift for Policyholders

The Illinois Supreme Court handed down a big win for policyholders just in time for the holidays. In Acuity v. M/I Homes of Chicago, LLC, the court joined the mainstream of jurisdictions and reversed years-old precedent that…more

Commercial Insurance Policies, Construction Defects, Construction Project, Declaratory Judgments, Homeowners Association (HOA)

See all updates »

Winner-Winner: Preserving Your Chicken Dinner with JPI

Judgment Preservation Insurance (JPI), also sometimes referred to as Judgment Protection Insurance, has become both more requested and available in recent years. As more plaintiffs seek ways to protect court judgments, more…more

Appeals, Insurance Industry, Policy Terms, Reduction of Damages, Trials

See all updates »

Taking the Market’s Temperature on Coverage for Climate Change-Related Property Damage

Temperatures in Arizona this week reached over 110 degrees Fahrenheit. The water temperature in the Florida Keys was reported to reach sauna-like levels, threatening the life of habitat-sustaining coral. Atmospheric conditions…more

Business Interruption, Climate Change, Insurance Claims, Insurance Industry, Property Damage

See all updates »

Faulty Workmanship May Still Be Covered in Pennsylvania

If you were to look for a quick answer regarding whether a commercial general liability (CGL) policy covers damage resulting from faulty workmanship under Pennsylvania law, you’d likely come out believing the answer is “no.”..…more

Commercial General Liability Policies, Faulty Workmanship, Insurance Industry, Liability Insurance, PA Supreme Court

See all updates »

Subrogation 101 (and Why Should I Care?)

What is subrogation? Why am I being asked to waive it? Should I care? To answer that last question, let’s take a quick run at the first two. What Is Subrogation? “Subrogation” refers to the act of one person or party standing in…more

Additional Insured, Breach of Contract, Construction Defects, Contractors, Insurance Industry

See all updates »

Under the Right Circumstances: Some Considerations for Submitting a Notice of Circumstances

An oft-repeated maxim in self-help literature is: “Do not let your circumstances define who you are.” In a similar vein, policyholders should proactively manage situations in which known circumstances may potentially give rise…more

D&O Insurance, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions

See all updates »

Federal Court Finally Issues an Opinion Analyzing LEG 3 (and It’s a Win for Policyholders)

The London Engineering Group’s LEG 3 exclusion—one of three standard form provisions issued by the London Engineering Group addressing coverage arising from construction or design defects—is an increasingly common defects…more

Design Defects, Federal Court Litigation, Insurance Industry, Rectification, Replacement Costs

See all updates »

Ebasco Choice of Law: A Decision Half a Century in the Making

Following the breakup of large utility holding companies by trust busters in the 1930s, General Electric created Ebasco (Electric Bond and Share Company), a construction company and consultancy that, among other things, assisted…more

Asbestos, Climate Change, General Electric, Insurance Industry, PFAS

See all updates »

Ready, Set, Action: Camera-Shy Insurers Are Subject to Recording

Resolving an issue of first impression, the California First District Court of Appeal recently decided that property policyholders required to submit to an examination under oath (EUO) have a right to record the entire…more

Appeals, California, Insurance Adjusters, Insurance Industry, Property Insurance

See all updates »

Subrogation 101 (and Why Should I Care?)

What is subrogation? Why am I being asked to waive it? Should I care? To answer that last question, let’s take a quick run at the first two. What Is Subrogation? “Subrogation” refers to the act of one person or party standing in…more

Additional Insured, Breach of Contract, Construction Defects, Contractors, Insurance Industry

See all updates »

An Update on Recent PFAS Regulation and Enforcement and the Resulting Insurance Implications

In August, we provided an overview of the recent increase in regulatory and private litigation activity around per- and polyfluoroalkyl substances (PFAS), colloquially known as “forever chemicals,” and potential insurance…more

CERCLA, Drinking Water, Enforcement Actions, Environmental Litigation, Environmental Policies

See all updates »

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Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

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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