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Testing the Limits III – Cyber Coverage Litigation Focuses on Computer Fraud Losses

Fraudsters deploy different computer-related techniques but toward the same end – “gaming the system” for their own financial gain. Some victims turn to insurance for recovery. Four recent federal appellate decisions reveal...more

Missouri Supreme Court Upholds Pollution Exclusion

The Missouri Supreme Court has unanimously held a pollution exclusion to apply in a dispute between a lead smelting company and one of its insurers. Doe Run Resources Corporation faced litigation alleging that its smelting...more

Insurance & Reinsurance Newsletter

New Corporate Governance Annual Disclosure Requirements for Connecticut Insurers to Take Effect in 2017 - A recently enacted Connecticut statute intended to compel insurance companies to improve their corporate...more

Coverage for Voluntarily-Reached Settlements Addressed by Courts in 2016

It’s a common situation. A policyholder is sued and put its insurer on notice. The litigation proceeds and the opportunity to settle arises. The policyholder settles and turns to its insurer for coverage of the settlement...more

Georgia Appellate Court: No Continuous Trigger When Policy Responds To Occurrences, Not Property Damage, During The Period

A Georgia appellate court has ruled that there is no continuous trigger of coverage for an environmental claim when the subject policy responds to occurrences, not property damage, during the policy period. The insured sought...more

Louisiana Extends Pro Rata Allocation to Defense Costs

The Louisiana Supreme Court has endorsed pro rata allocation of defense costs associated with hearing loss cases across triggered policy periods. The decision reversed a 2015 appellate ruling that pro rata allocation applied...more

Testing the Limits – Cyber Coverage Litigation Update

The growing percentage of businesses that purchase cyber security and data privacy insurance portends a growing number of claims and, inevitably, litigation over some of those claims. Wells Fargo’s 2015 Cyber Security and...more

“Everything Old is New Again” – Issues in Recent Cyber Insurance Litigation

Early days still for coverage litigation about cyber risks – whether under cyber insurance policies or other types of policies. This is not surprising given the relatively short history of cyber risks and even shorter history...more

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