We begin with three state supreme court decisions answering these questions:
• A year before an insured bought its claims-made policy it received an attorney’s letter threatening mass tort litigation. The first suits were...more
3/20/2024
/ Biometric Information Privacy Act ,
Claims Made Policy ,
Damages ,
DE Supreme Court ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Mass Tort Litigation ,
MI Supreme Court ,
No-Fault Insurance ,
Trade Secrets
In our November Insurance Update, we address consent, “occurrence,” malicious prosecution, claims-made reporting requirements, and the duty to defend.
Consent has seemed to plague TV-maker Vizio. First, it got into trouble...more
11/17/2023
/ Agricultural Sector ,
Claims Made Policy ,
Consent ,
Department of Environmental Management ,
Duty to Defend ,
Food and Drug Administration (FDA) ,
Insurance Industry ,
Loss Coverage ,
Lost Profits ,
Malicious Prosecution ,
Policy Exclusions
Here’s what we discuss in our October Insurance Update.
Illinois: Environmental Suits Alleging Non-Compliance with Laws and Regulations Did Not Assert an “Occurrence”-
Massachusetts (federal): Insurer May Consider Sums...more
10/24/2023
/ Bodily Injury ,
Claims Made Policy ,
Clean Water Act ,
Defense Costs ,
Denial of Insurance Coverage ,
Environmental Protection Agency (EPA) ,
False Claims Act (FCA) ,
Illinois ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Insureds ,
Occurrence ,
Opioid ,
Policy Exclusions ,
Professional Service Exclusion ,
Property Damage
We touch upon several topics in our September Insurance Update.
We begin with two federal circuit court rulings on late notice – one involving a claims-made policy and the other an occurrence policy. In these cases, the...more
9/26/2023
/ Affirmative Action ,
Aircraft ,
Civil Rights Act ,
Claims Made Policy ,
Data Breach ,
Failure to Notify ,
Harvard University ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Invasion of Privacy ,
Late Notices ,
Loss of Use ,
Medical Certification Requests ,
Policy Exclusions ,
Policy Terms ,
Pro Rata Allocation Rule ,
Property Damage
We bring you our July Insurance Update.
We begin with two cases about late notice. First, the Kentucky Supreme Court considers whether the notice-prejudice rule applies to claims-made-and-reported policies. Second, the...more
7/18/2023
/ Business Exclusion ,
Claims Made Policy ,
Faulty Workmanship ,
Homeowner's Insurance ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
KY Supreme Court ,
Notice Prejudice Rule ,
Property Damage ,
Umbrella Policies ,
Water Pollution ,
WI Supreme Court
We roll out our December Insurance Update just in time for the holidays. Here’s what’s inside:
•The California Supreme Court discusses rules of policy construction in the context of a TCPA claim against Yahoo.
•A...more
Some important insurance decisions were handed down over the past month.
We begin in Ohio, where public nuisance claims by state and local governments over opioids and lead paint were on full display. In Acuity, the...more
9/22/2022
/ Abatement ,
Actual Damages ,
Bodily Injury ,
Business Closures ,
Claims Made Policy ,
Commercial General Liability Policies ,
Computer Fraud Insurance ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Duty to Defend ,
Hazardous Substances ,
Insurance Industry ,
Lead Paint ,
OH Supreme Court ,
Pharmaceutical Industry ,
SC Supreme Court ,
Theft ,
WA Supreme Court ,
Wrongful Death
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
4/21/2022
/ Amtrak ,
Appellate Courts ,
Claims Made Policy ,
Class Action ,
D&O Insurance ,
Data Breach ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Misrepresentation ,
Notice Requirements ,
Pollution Liability Insurance ,
Prejudice ,
Property Damage ,
Retroactivity ,
Securities ,
Subpoenas ,
Target