Best Practices for Negotiating Manuscript Exclusions
D&O Insurance Myths (Part 2)
D&O Insurance Myths (Part 1)
The Standard Formula Podcast | Understanding Insurance Resolution Regimes
Is Captive Insurance Right for Your Business? A Deep Dive with AkinovA
D&O Insurance: Better to Have it And Not Need it Than Need it And Not Have it
The Calm Before the Storm: Planning for Catastrophic Weather Events
Out With a Bang: Current State of Play on Coverage for COVID-Related Losses
AF COVID-19 Podcast: Mitigating Claims on Construction Projects
JONES DAY PRESENTS®: Insurance Implications of the California Consumer Privacy Act
K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II
Prior & Pending Litigation
In J&S Welding, Inc. v. Liberty Mutual Insurance Company, the U.S. Court of Appeals reviewed a summary judgment ruling in favor of co-defendant West American Insurance Company (“West American”), issued by the U.S. District...more
Welcome to the inaugural issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, the California Supreme Court covers COVID-19 claims, Georgia...more
Today on “Don’t Take No for an Answer,” Eric Jesse and Alexander B. Corson discuss Aearo Technologies v. ACE American, in which a Delaware court held 3M could not credit $372 million it paid in defense costs against...more
In Zurich American Insurance Company v. Medical Properties Trust, Inc., 2024 WL 3504060 (Mass. Jul. 23, 2024), the Supreme Court of Massachusetts held that the term “surface waters,” as used in a limitation contained in a...more
The U.S. District Court for the District of New Jersey, applying New Jersey law, has held that a misappropriation of funds exclusion unambiguously barred coverage for an accounting firm under its professional liability policy...more
Submitting a proof of loss using a carrier’s approved proof of loss form may be a mandatory post-loss obligation when invoking appraisal in commercial claims. The U.S. District Court for the Middle District of Florida...more
In a recent New York Court of Appeals opinion, the court found that business losses due to the COVID-19 pandemic were not covered under an “all-risk” commercial property insurance policy. In Consolidated Rest. Operations,...more
Today on "In the Know,” Eric Jesse discusses best practices for negotiating manuscript endorsements to an insurance policy: in other words, revisions that are specifically negotiated and added by the parties. Because...more
Most insurance policies contain conditions precedent, which premise coverage upon an insured’s actions. “As a general rule, if a contract expressly conditions the duty to perform upon the occurrence of a specified event, the...more
Today on “Don't Take No For An Answer,” host Lynda A. Bennett is joined by Alexander B. Corson for a discussion about priority of coverage, or who pays what when there are numerous claims, parties, and policies at play. As...more
Hosts Lynda A. Bennett and Eric Jesse of Lowenstein Sandler discuss how to access a tower of insurance coverage in light of the recent decision in Pharmacia Corporation v. Arch Specialty Insurance Company, where an...more
5 Walworth clarifies an issue that had become muddled since the Wisconsin Supreme Court’s 2016 decision in Wisconsin Pharmacal Co. v. Nebraska Cultures of California. Namely, 5 Walworth overturns Pharmacal’s introduction of...more
The English Court has, for the first time, considered the meaning of a “catastrophe”, as well as how Hours Clauses work in the context of non-damage business interruption losses claimed under two Property Catastrophe Excess...more
In a unanimous opinion issued yesterday, the New Jersey Supreme Court joined the majority of other courts to hold that business interruption losses related to the COVID-19 pandemic are not covered under the standard language...more
Amid his blather during the Chiefs-Bills game on Sunday night, Tony Romo made an insightful comment. The top quarterbacks in the playoffs excel at risk management, he explained. They see risks developing before others do and...more
Insurance policies hold immense significance for business owners and professionals, as they can be a safety net for life's unexpected curveballs and can also assist business owners and professionals with proactive planning...more
Liability insurance policies are typically written on either an “occurrence” basis or a “claims made” basis. Under an occurrence-basis policy, the liability will be covered if the injury or damage occurred during the policy...more
Illinois Appellate Court Holds that Insurer May Subrogate to the Rights of an Additional Insured Based on a Contractual Right to Subrogation and that Equitable Subrogation Principles Do Not Apply - In a recently decided...more
On this episode of “Don’t Take No for an Answer,” Lynda A. Bennett and Eric Jesse explain the policy procurement process, highlighting a disturbing trend they have observed lately where insurers attempt to rescind policies...more
Notwithstanding the deluge of data breach and internet eavesdropping privacy cases, companies also continue to face an onslaught of biometric privacy actions under statutes like the Illinois Biometric Information Privacy Act...more
Insurance partner Rob Chaplin is joined by colleague Lamya Al-Yazdi as they introduce our “Standard Formula” listeners to the three emergent insurance resolution regimes that deal with the failure, or potential failure, of...more
This week, the Court considers insurance coverage for business losses sustained as a result of COVID-19 and the constitutionality of Guam’s in-person informed consent requirement for abortion. THE OREGON CLINIC, PC V....more
On June 26, 2023, a panel of judges for the United States Court of Appeals for the Ninth Circuit affirmed an insurance company’s win over a restaurant group seeking insurance coverage for pandemic-related claims in Team 44...more
In a recent decision from the United States District Court for the Middle District of Florida, Tampa Division, styled KT State & Lemon, LLP et al. v. Westchester Fire Ins. Co. et al., the Court granted summary judgment to the...more
A Review of Shiloh Christian Center v. Aspen Specialty Insurance Company - The Eleventh Circuit Court of Appeals recently held that the plain text of an insurance policy trumps the parties’ subjective intent and...more