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Jones Day

Maximizing Insurance Recoveries for Hurricane Helene Losses and the Remainder of the 2024 Hurricane Season

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The Situation: On September 26, 2024, Hurricane Helene made landfall and left a path of destruction from the Florida coast through North Carolina, with total insured losses estimated in the tens of billions of dollars....more

Rivkin Radler LLP

September 2024 Insurance Update

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In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of...more

Cozen O'Connor

The Importance of Experts J&S Welding, Inc. v. Liberty Mutual Insurance Company

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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

Cozen O'Connor

Court Addresses Whether Rainwater Accumulation on Roof Constituted “Surface Water”

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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

Wiley Rein LLP

Insured’s “Version of Events” Do Not Determine Application of Policy Exclusion

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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

Butler Weihmuller Katz Craig LLP

Carrier’s Proof of Loss Form May Be a Mandatory Post-Loss Obligation in Commercial Claims

​​​​​​​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

Cadwalader, Wickersham & Taft LLP

COVID Decision of Interest

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

Lowenstein Sandler LLP

Best Practices for Negotiating Manuscript Exclusions

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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

Zelle  LLP

The Doctrine of Prevention is not an Avenue to Avoid Repairs

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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

Lowenstein Sandler LLP

Priority of Coverage: Debunking “Other Insurance” Myths

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

McGuireWoods LLP

Insurance Recovery for Businesses Impacted by the Francis Scott Key Bridge Collapse

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On March 26, a containership struck the Francis Scott Key Bridge in Baltimore, Maryland, resulting in the collapse of the highway infrastructure and tragic loss of life. As communities grieve the loss of their loved ones,...more

Wiley Rein LLP

Breach of Contract Exclusion Bars Coverage for Judgment Rendered in Employment Dispute

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The United States District Court for the Eastern District of Louisiana, applying Louisiana law, has held that an insurer does not need to cover a monetary judgment rendered in favor of two former employees of the insured...more

Lowenstein Sandler LLP

Sometimes You Have To Sweat The Small Stuff: Technicality Renders $10M Excess Policy Valueless

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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

Quarles & Brady LLP

Wisconsin Case Law Year in Review 2023

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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

BCLP

English Court Decides COVID-19 is a “Catastrophe”

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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

Kennedys

New Jersey Supreme Court rules that COVID-19 business interruption claims may be dismissed at the pleadings stage

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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

Sherman & Howard L.L.C.

A Changing Litigation Climate

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

Ward and Smith, P.A.

FAQ: A Guide to Why and When You May Need an Insurance Counseling and Recovery Attorney to Review Your Insurance Policy

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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

Foley Hoag LLP

Related Claims Provisions in Claims-Made Liability Policies: The Policy Wording Matters!

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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

Butler Weihmuller Katz Craig LLP

IL Court: Insurer Can Subrogate Additional Insured Without Equitable Principles

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

Lowenstein Sandler LLP

Don’t Cash that Refund Check! How to Challenge Insurance Rescission

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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

Skadden, Arps, Slate, Meagher & Flom LLP

The Standard Formula Podcast | Understanding Insurance Resolution Regimes

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

Ward and Smith, P.A.

Got Employees? Understand the Benefits and Limitations of Employment Practices Liability Insurance (EPLI)

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Employment practices liability insurance (commonly known as "EPLI") coverage is a critical and necessary tool in any employer's toolbox because such policies can help cover significant legal costs and damages associated with...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Insurance Coverage for COVID and In-Person Informed Consent for Abortion

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

Ervin Cohen & Jessup LLP

Ninth Circuit Deals Another Blow to Restaurants in COVID-19 Insurance Coverage Case

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

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