Where an employee of a company commits an intentional act, such as a battery or sexual molestation, the managers of that company are often named as defendants on a theory of “negligent supervision”, “negligent retention” or...more
2/2/2021
/ Commercial Insurance Policies ,
Employer Liability Issues ,
Intentional Torts ,
Multiple Occurences ,
Negligence ,
Negligent Hiring ,
Negligent Supervision ,
Occurrence ,
Policy Terms ,
Sexual Assault ,
Single Occurrence ,
Vicarious Liability
A recent case from California, Barickman vs. Mercury Casualty, 2 Cal.App.5th 508 (2016) illustrates the perils that may arise when an insurance company, evidently playing hardball with its insured, refuses to deviate from its...more
There are certain core principles that must be applied in analyzing coverage under a liability insurance policy.
This two-part article sets out those principles. It also explores some counter-intuitive situations in which...more
The Covid-19 pandemic has had a profound and likely lasting impact on the way litigation lawyers conduct their practice. Below are some practical tips for managing in this new environment.
Originally published on the...more
A key challenge for policyholders seeking coverage under commercial general liability, directors and officers and other insurance policies is the presence of the so-called “intellectual property exclusion.” In a typical...more
11/3/2020
/ Commercial General Liability Policies ,
Commercial Insurance Policies ,
Common Law Claims ,
Copyright ,
D&O Insurance ,
Infringement ,
Intellectual Property Protection ,
Patents ,
Policy Exclusions ,
Service Marks ,
Trade Dress ,
Trade Secrets ,
Trademarks
What are the most popular dispute resolution methods for clients in your jurisdiction? Is there a clear preference for a particular method in commercial disputes? What is the balance between litigation and arbitration?
The...more
Is a party’s loss of use of a leasehold or other interest in real property considered “property damage” within the meaning of a comprehensive general liability (CGL) policy? Two recent cases go in different directions on this...more
Cyber insurance is designed to fill an enterprise's coverage gaps, where coverage under other forms of insurance may not be triggered by these kind of losses. At the same time, and because cyber insurance is a relatively new...more
There have been a number of high-profile insurance coverage cases arising from losses due to cyber fraud – especially data breaches, "spoofing'' and payment instruction fraud. While cyber insurance is specifically designed to...more
International treaties and conventions such as the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, November 15, 1965, 20 U.S.T. 361, T.I.A.S. No. 6638 (“the Hague...more
The California Consumer Privacy Act became effective on Jan. 1. Included among its provisions is the grant of a private right of action on behalf of any consumer “whose nonencrypted and nonredacted personal information…is...more
In the context of the numerous lawsuits have recently filed by policyholders seeking compensation for lost business income occasioned by the pending pandemic, a key issue will be whether those policyholders have suffered...more
8/27/2020
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss Causation ,
Loss Coverage ,
Policy Exclusions ,
Policy Terms ,
Property Damage
Restaurants whose operations have been shut down due to the coronavirus crisis are looking to their business interruption or business income insurance policies for relief, and have found resistance from insurance companies...more
Businesses whose operations have been shut down due to the coronavirus crisis rightly look to their business interruption or business income policies for relief. As a general matter, in order to trigger coverage those...more