Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now...more
6/24/2024
/ Bitcoin ,
Business Interruption ,
Business Losses ,
Civil Liability ,
Coronavirus/COVID-19 ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Material Misrepresentation ,
Negligence ,
NJ Supreme Court ,
No-Fault Insurance ,
Professional Liability ,
Terrorism Insurance
Courts took up some interesting insurance questions this past month. Here’s some we address in our June Insurance Update.
When a government sponsored cyberattack infects computers worldwide, does the war exclusion apply? ...more
6/20/2023
/ Advertising Injury ,
Commercial General Liability Policies ,
Cyber Attacks ,
Cyber Insurance ,
False Advertising ,
Faulty Workmanship ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Intentional Torts ,
Merck ,
Negligence ,
Policy Exclusions ,
Professional Liability Insurance ,
Reservation of Rights
Kidnapping, treasure hunts, insurgents shooting down airplanes — sounds like the Fall TV lineup. But no, it’s our October Insurance Update.
And in honor of the month’s most treasured sporting event, the Fall Classic, we...more
10/25/2022
/ Auto Insurance ,
Biometric Information Privacy Act ,
Business Interruption ,
Coronavirus/COVID-19 ,
Cyber Insurance ,
Duty to Defend ,
Insurance Industry ,
Insurrection ,
Intentional Torts ,
Kidnapping ,
Negligence ,
Personal Information ,
Umbrella Policies ,
Uninsured and Under-Insured Motorists ,
Western Union ,
Wire Fraud ,
Wrongful Death
Our July Insurance Update is here. This is what we discuss.
“Hoosier” daddy? When a Little Daddy’s bouncer chased a drunk patron from Big Daddy’s parking lot, who knew it would lead to the Indiana Supreme Court...more
7/21/2022
/ Business Pursuits ,
Class Action ,
Commercial General Liability Policies ,
Duty to Defend ,
Earthquakes ,
Fracking ,
IN Supreme Court ,
Negligence ,
Oil & Gas ,
Oil Wells ,
OK Supreme Court ,
Policy Exclusions ,
Pollution Exclusion ,
Subrogation
Coverage disputes often center on whether the policy language is clear. Under the rules of contract construction, unambiguous language in an insurance policy must be given its plain and ordinary meaning. Sometimes,...more
You’ll find some notable decisions in our May Insurance Update.
Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend...more
5/19/2022
/ Appellate Courts ,
Assignment of Benefits (AOB) ,
Bodily Injury ,
Business Interruption ,
Car Accident ,
Contaminated Properties ,
Coronavirus/COVID-19 ,
Duty of Care ,
Good Faith ,
Hazardous Substances ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Lead Paint ,
Negligence ,
Opioid ,
Post-Loss Claims ,
Property Damage ,
Public Nuisance ,
SC Supreme Court ,
Supply Chain ,
TX Supreme Court
Eleventh Circuit Affirms “Exceptional Case” Ruling: Insurer Had No Duty to Defend Construction Debris Claim Where Amended Complaint Omitted Crucial Fact Implicating Pollution Exclusion
The Eleventh Circuit, affirming the...more
8/21/2020
/ Blood Tests ,
Bodily Injury ,
Clinical Laboratories ,
Construction Site ,
Conversion ,
Duty to Defend ,
Extrinsic Evidence ,
False Reporting ,
Four-Corners Rule ,
Fraud ,
Human Trafficking ,
Make-Whole Doctrine ,
Medical Testing ,
Negligence ,
Policy Exclusions ,
Self-Insurance ,
State and Local Government ,
Subrogation ,
Trademark Infringement ,
Wages ,
Waste