Where companies are victimized by ransomware or email scams, their losses arise from payments made by an officer or employee of the company.
In the case of ransomware, a company’s files are held hostage pending payment...more
4/5/2023
/ Business Losses ,
Computer Fraud Insurance ,
Cyber Attacks ,
Denial of Insurance Coverage ,
Fraud ,
Hackers ,
Insurance Claims ,
Insurance Litigation ,
Phishing Scams ,
Policy Exclusions ,
Ransomware ,
Reimbursements ,
Scams
Whether consumer protection or false advertising claims are covered by insurance depends on the kind of insurance policies in play. For example, coverage for such claims under a CGL policy is unlikely because an...more
10/7/2022
/ Commercial Insurance Policies ,
Corporate Management ,
D&O Insurance ,
False Advertising ,
Insurance Claims ,
Labeling ,
Liability Insurance ,
Negligence ,
Policy Exclusions ,
Policy Terms ,
Settlement Agreements ,
Unfair or Deceptive Trade Practices ,
Wrongful Acts
Liability insurance written on a claims made basis is designed to protect an insured against claims asserted following the policy’s inception even if the acts giving rise to the claim took place prior to policy inception. But...more
Consider the following two scenarios resulting in identical losses, but potentially two entirely different insurance coverage outcomes.
In the first instance, a thief hacks, or gains unauthorized entry, into an insured’s...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
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
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