Standard Formula Podcast | Reinsurance and Risk Transfer: Risk Mitigation Under the Solvency II Regime
A Deeper Dive Into Insurance Topics for Nonprofits: Special Events Coverage and Considerations When Making Claims
Nonprofit Basics: Insurance Coverage for the New Nonprofit
Loading and Unloading Under GL and Auto Policies: 2022
Insurance Renewals: Know When to Hold ‘ Em, Know When to Walk Away
Cyberside Chats: There is a war in Europe. What does that mean for your cyber insurance policy?
How to Use an Insurer’s Service Offerings to Reduce Costs
Coverage Litigation Leapfrog: Why Venue Matters and How to Avoid Pre-emptive Strike Actions
Can’t We All Just Get Along? Effective Ways to Navigate the Tri-Partite Relationship Among Policyholders, Insurers, and Insurer Chosen Defense Counsel
NGE On Demand: Insurance and Indemnity Issues for Family Offices with Angela Elbert
Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
Subro Sense Podcast - Considerations In Fixed Funds/Limited Pool Scenarios
Key Points: Where the language in an insurance contract is plain and unambiguous, the courts must interpret the terms of the contract according to their plain meaning as written....more
In a recent decision, the Ohio Supreme Court held that Section 145 of the Restatement of the Law 2d, Conflict of Laws must be applied when determining the state law applicable to an insured’s bad faith claim. Noting that bad...more
Voyager Indemnity Insurance Company (“Voyager) issued a commercial liability insurance policy to MRB Construction, Inc. (“MRB Construction”), a framing subcontractor. As is common with such policies, MRB Construction’s policy...more
Cannabis operators and ancillary service providers face mounting losses and liabilities from theft, cyber-attacks, natural disasters, product recalls, text marketing, and employment wage and hour issues. In 2022, risk...more
Cannabis businesses have cyber security and privacy risks. While the risks are varied, many arise from the businesses’ holding of highly sensitive consumer information or confidential data about business partners. Cannabis...more
A seminal rule of contract construction is the contra proferentem doctrine — summarized as “the contract is construed against the drafter.” This rule is a long-standing principle of common law contract interpretation,...more
Time and again, courts have been tasked with construing ambiguous and inconsistent terms in contracts. Recently, the Sixth Circuit revisited the issue of interpreting contractual language in Dark Horse Express, LLC v. Lancer...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
Applying the doctrine of judicial estoppel, a district court refused to compel arbitration finding that the arbitration clause in a reinsurance agreement was unenforceable under a Virginia statute that voided a mandatory...more
All litigators know choice of law issues can be complex, fact-intensive and outcome determinative. This is particularly true in cases involving subject matters where the individualized state laws are so divisive, which is the...more
Timely notice is typically a condition precedent to coverage under an insurance contract, though many states require an insurer to demonstrate prejudice before denying coverage solely based on a failure to comply with a...more
When dealing with construction claims—whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. Generally, you have to make sure that you...more