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Wiley Rein LLP

Illinois Federal Court Holds No Duty to Defend Lawsuit Alleging BIPA Violations

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The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an insurer had no duty to defend an insured against a lawsuit alleging violations of the Illinois Biometric...more

Carlton Fields

Federal Court Rules “Unauthorized Network Access Exclusion” Precludes Coverage for $1.3M Payment From Hacker’s Fraudulent Email

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The U.S. District Court for the Eastern District of Pennsylvania ruled that an insurance policy issued by Federal Insurance Co. excluded coverage for the transmission of $1.3 million by the insured in response to an email...more

Ervin Cohen & Jessup LLP

Ninth Circuit Rejects Insurance Coverage for COVID Losses

On March 16, 2022, the Ninth Circuit joined other appellate courts in finding that restaurants were not entitled to insurance coverage for losses due to the COVID-19 pandemic shutdowns. A panel of judges issued an unpublished...more

McGuireWoods LLP

Russia and the Insurance Angle — Tapping Political Risk and Other Insurance Coverages

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The Russian invasion of Ukraine and the resulting sanctions Western countries have imposed on Russia have already caused potentially catastrophic losses for businesses with assets and investments in Ukraine, Russia and...more

Cooley LLP

War and Office of Foreign Assets Control Exclusions: Insurance Policy Language Matters

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Nearly two weeks into the Russian invasion of Ukraine, numerous companies are focused on how the war might impact their business, including their insurance coverage. This advisory provides a high-level overview of two types...more

Cozen O'Connor

Fifth Circuit Finds Potential Coverage for Data Breach; Interprets “Publication” Broadly

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Using general contract interpretation principles, the Fifth Circuit reversed summary judgment in favor of an insurer and found a duty to defend Landry’s in a data breach lawsuit. Landry’s Inc. v. The Insurance Company of the...more

Royer Cooper Cohen Braunfeld LLC

Delaware Supreme Court Finds Fraud Insurable

In a recent decision, the Delaware Supreme Court ruled that insuring against fraud does not per se violate Delaware public policy and held that the insured’s D&O policy covered claims alleging securities fraud. RSUI Indemnity...more

Farella Braun + Martel LLP

In Verizon Decision Careful Review of Insurance Policies Expands Coverage

In Verizon Communications Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa. the Delaware Superior Court ruled that Verizon was entitled to a defense under its D&O policy for fraudulent transfer claims. Although the...more

Burr & Forman

COVID Business Interruption Coverage Cases: Year Anniversary Update

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By March 16, 2020, Americans were only beginning to fully appreciate the dangers of COVID-19 and the extent of its potentially disruptive impact.  On that date, all 50 states had reported at least one coronavirus case, New...more

Farrell Fritz, P.C.

COVID coverage for business losses? “No,” says the first New York court to address the issue of whether a business interruption...

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COVID-19 continues to generate litigation in a variety of contexts in the Commercial Division.  Only two weeks ago did our colleague Madeline Greenblatt author a blog about COVID-19 not excusing commercial rental obligations....more

Seyfarth Shaw LLP

New York Federal Court Weighs in on Insurance Coverage During the Pandemic

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The question of whether businesses may be able to recover for COVID-19-related losses under their insurance policies continues to be an important topic for many as the pandemic continues.  A federal court in New York recently...more

Gould + Ratner LLP

Policyholders See New Developments in COVID-19 Case Law

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Insurers across the nation continue to file motions to dismiss COVID-19 cases brought by policyholders on three primary grounds: 1. there is no” physical loss or damage” to the covered property, 2. there is no “prohibition...more

Neal, Gerber & Eisenberg LLP

Not So Fast – A Pennsylvania Court Opts to Wait Until the Facts Are in Before Issuing a Coverage Ruling in a COVID-19 Business...

The COVID-19-related business interruption coverage case of Taps & Bourbon on Terrace, LLC v. Underwriters at Lloyds London, et al., pending in the Philadelphia County Court of Common Pleas, may represent a growing trend all...more

Rumberger | Kirk

Eleventh Circuit Ruling Interpreting “Direct Physical Loss” is a Win for Insurers and Could Impact Coronavirus Business...

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As coronavirus business interruption claims continue to be filed and make their way through courts across the country, an August 18, 2020 opinion from the Eleventh Circuit Court of Appeals could influence how Florida’s...more

Eversheds Sutherland (US) LLP

Legal and Regulatory Developments - Business Interruption Insurance for COVID-19 Related Losses

As the COVID-19 pandemic continues to have significant economic consequences in the US, a key issue for insurers and businesses throughout the country will be whether all or a portion of losses may be covered by insurance....more

Robinson+Cole Property Insurance Coverage...

COVID-19 Business Interruption Insurance Claims – Don’t Overlook the Ordinance Or Law Exclusion

The legal media have been inundated with articles by lawyers who represent policyholders and insurance companies discussing business interruption claims arising from the COVID-19 pandemic. Some of this discussion has carried...more

Carlton Fields

Are COVID-19 Business Interruption Claims Appropriate for a Coverage Class Action?

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Over the last few weeks, a tsunami of lawsuits has been filed in many states alleging a variety of issues related to the global COVID-19 pandemic....more

McCarter & English, LLP

NJ, NY, OH, and MA Consider Legislation Clarifying That Business Interruption Coverage Applies To COVID-19 Claims

Lawmakers in New Jersey, New York, Ohio, and Massachusetts have proposed legislation confirming that property policies’ business interruption coverage extends to losses attributable to the coronavirus pandemic and social...more

Hinshaw & Culbertson LLP

Insurers Take Steps to Reduce Silent Cyber Exposure

As cyber risks continue to proliferate, issues concerning coverage for those exposures under non-cyber or "traditional" property and casualty policies are creating uncertainty for both the insurance industry and for...more

Carlton Fields

Is Your “Securities Claim” Actually Covered Under Your D&O Policy? A Review of In Re Verizon Insurance Coverage Appeals

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The question of what constitutes a “securities claim” in the context of public company D&O policies is often debated in insurance coverage disputes, and the answer to this question can have significant effects on the scope of...more

Pillsbury - Policyholder Pulse blog

Federal Appeals Court Punishes Policyholder for Giving Too Much Notice

When a company receives a claim or lawsuit, it is critical to provide timely notice to its insurers. But when the claim is first made, sufficient facts may not yet be known to indicate which policy will respond. Many policies...more

Locke Lord LLP

Santa Hurries Down CGL Carriers’ Chimneys – Court Finds Drones are Aircraft and Excluded in Important New Coverage Decision

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In what is believed to be a first-of-its-kind decision, the U.S. District Court for the Central District of California recently issued an opinion denying coverage for a personal injury lawsuit against a drone operator based...more

Lowndes

Don’t Expect Commercial General Liability Insurance Policies to Protect Against Cyber Breach or Crime

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Almost a year after Middle District Judge Mary Scriven’s instructive decision in Innovak Int’l, Inc. v. Hanover Ins. Co. in which she declined to hold that a traditional commercial general liability (CGL) policy, as drafted,...more

Locke Lord LLP

Testing the Limits III – Cyber Coverage Litigation Focuses on Computer Fraud Losses

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Fraudsters deploy different computer-related techniques but toward the same end – “gaming the system” for their own financial gain. Some victims turn to insurance for recovery. Four recent federal appellate decisions reveal...more

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