The Situation: Declared a global health emergency by the World Health Organization, and with more than 17,000 cases already confirmed worldwide, preliminary estimates indicate that the latest coronavirus outbreak may not peak...more
2/10/2020
/ Bodily Injury ,
Business Interruption ,
Commercial General Liability Policies ,
D&O Insurance ,
Employer Liability Issues ,
Errors and Omissions Policy ,
Infectious Diseases ,
Insurance Industry ,
Policy Terms ,
Public Health ,
Workers' Compensation Claim
The Situation: Businesses are increasingly at risk of social engineering crimes, and often their commercial insurance policies do not provide the full protection that they expected.
The Result: Three recent decisions...more
In a significant ruling for policyholders on an issue of first impression, on July 31, 2019, the Delaware Superior Court determined that shareholder appraisal actions constitute a covered "Securities Claim," as that term is...more
The Situation: On the evening of July 13, 2019, a massive blackout struck Manhattan's West Side, prompting the cancellation of 26 out of 30 Broadway performances and postponement of the second night of Jennifer Lopez's...more
8/8/2019
/ Business Interruption ,
Cancellation Rights ,
Commercial Insurance Policies ,
Event Tickets ,
Insurance Claims ,
Insurance Industry ,
Lost Profits ,
Natural Disasters ,
Notice Requirements ,
Policy Exclusions ,
Proof of Loss
The Situation: Claims brought by insolvency administrators under Section 64 of the German Limited Liability Companies Act are not only among the most common, but also the most financially significant, claims faced by the...more
Be prepared—new statutory claims may not be covered under existing policies.
In June 2018, California enacted the toughest data privacy law in the United States. Companies doing business in California may have to make...more
The Situation: The issue of whether "blanket" additional insured endorsements require direct contractual privity with an insurance policy's "named insured" has received inconsistent treatment by U.S. courts.
The...more
The Situation: This past month, the New York Court of Appeals considered whether New York law imposes a "rule of construction" or "strong presumption" that a reinsurance contract's limit of liability provision caps the...more
1/8/2018
/ Asbestos ,
Commercial General Liability Policies ,
Contract Terms ,
Defense Costs ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Liability Caps ,
Limitation of Liability Clause ,
Partial Summary Judgments ,
Reinsurance
With Hurricane Harvey having pummeled much of the Texas Gulf Coast, businesses will soon look to secure insurance recoveries for the estimated billions of dollars in property damage and business income losses left in its...more
8/31/2017
/ Attorney's Fees ,
Business Interruption ,
Claim Procedures ,
Denial of Insurance Coverage ,
Flood Insurance ,
Homeowners ,
Hurricane Harvey ,
Insurance Claims ,
Interest Rate Adjustments ,
Natural Disasters ,
New Legislation ,
Post-Judgment Interest ,
Property Damage ,
Property Insurance ,
Property Owners ,
Reporting Requirements ,
Severe Weather ,
Written Notice
This month's WannaCry "ransomware" attack—the first truly global incident of its kind—is believed to have affected at least 300,000 computers in over 150 countries, claiming among its victims many large corporations and...more
5/30/2017
/ Business Interruption ,
Commercial General Liability Policies ,
Cyber Attacks ,
Cyber Crimes ,
Cyber Insurance ,
Cybersecurity ,
Data Recovery ,
Notice Requirements ,
Policy Exclusions ,
Popular ,
Ransomware