News & Analysis as of

Risk Management Denial of Insurance Coverage

American Conference Institute (ACI)

[Event] 16th Annual Advanced Forum on Managed Care Disputes and Litigation - May 1st - 2nd, Chicago, IL

Join the industry’s top litigators and leading plan counsel at ACI’s 16th Annual Advanced Forum on Managed Care Disputes and Litigation, for two days of discussions designed to address emerging areas of concern for MCOs in...more

Wiley Rein LLP

Third Circuit: Changes in Exposure Provision Bars Coverage for Pre-Merger Liabilities

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In a win for Wiley’s client, the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, affirmed judgment on the pleadings in favor of a group of insurers on the ground that a Changes in Exposure...more

Rivkin Radler LLP

March 2025 New York Insurance Coverage Law Update

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The owners of a warehouse leased it to a commercial tenant to operate a photography studio. The lease required the tenant to procure insurance for the owners and to indemnify them for the negligent acts of the tenant’s...more

Katten Muchin Rosenman LLP

Are You Really Covered as an Additional Insured?

For your next construction project in New York, securing commercial general liability coverage as an additional insured may not be as simple as it would appear. Recent court rulings have interpreted the terms of insurance...more

Marshall Dennehey

Adequate Notice Requires More Than Delivery of a Policy

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A December 31, 2024, decision from the Supreme Court of Idaho found that adequate notice to an insured required more than the delivery of a policy and, due to the insurer’s failure to do so, coverage under a pre-existing...more

Miller Nash LLP

The Northwest Policyholder | When the Application is the Risk: Application-Based Insurance Policy Rescission

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Surprised insurers are unhappy insurers. And unhappy insurers are more likely to resist paying claims. As are insurers who fail to heed their good faith and other obligations to their policyholders. So if you seek coverage...more

Rivkin Radler LLP

February 2025 Insurance Update

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The 2014 Home Depot data breach was one of the more notorious cyberattacks. A decade later, litigation over that incident continues. The Sixth Circuit recently decided whether an electronic data exclusion cleared insurers...more

Snell & Wilmer

After the Fire: Assessing Coverage for Lingering Smoke Damage

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Insurance is designed to relieve financial strain and provide peace of mind — a contractual promise that when a catastrophe strikes, a policyholder will receive the financial support to rebuild and recover. Unprecedented...more

Wiley Rein LLP

Electronic Data Exclusion Precludes Coverage for Payment Card Data Breach

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The United States Court of Appeals for the Sixth Circuit, applying Georgia law, has held that the electronic data exclusion in commercial general liability (CGL) policies issued to a retail store company precluded coverage...more

Cozen O'Connor

Court Denies Developer Insurance Coverage to Repair Defective Construction

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In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2024

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An owner, general contractor (GC) and subcontractor (Sub) were sued by injured workers at a construction site, and they were defended by the Sub’s insurer, U.S. Specialty Insurance Company. U.S. Specialty tendered their...more

Procopio, Cory, Hargreaves & Savitch LLP

Understanding Business Interruption Insurance: What Those Impacted by the LA Fires Need to Know

The recent fires in Los Angeles have left many businesses grappling with significant disruptions. For business owners, navigating the aftermath of such a catastrophe often includes understanding how their insurance policies,...more

Pillsbury - Policyholder Pulse blog

Southern California’s Wildfire Disaster: Immediate Insurance Considerations

As of January 13, Southern California’s ongoing wildfires have reportedly destroyed more than 12,000 structures. Insured loss estimates exceed $25 billion, and the strong Santa Ana winds fanning the blazes are expected to...more

J.S. Held

Strategies to Avoid Cyber Insurance Claim Challenges: Part II

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In Part I of this series, we posed a series of questions to consider when purchasing cyber insurance. Our approach was deliberate: the right questions help get you the right insurance to address cyber risks facing your...more

Miller Nash LLP

[Webinar] Insurance Applications: Best Practices and the Consequences of Missteps - May 23rd, 9:00 am - 10:30 am PDT

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Insurance applications are emerging as the first place insurers look to deny coverage. These often-contentious coverage fights are avoidable and, given their increasing frequency, emphasize the need for risk managers and...more

Miller Nash LLP

[Webinar] Cannabis, Insurance, and Risk Management: Tools to Prevent Loss and Make Insurance a Profit Center - March 29th, 12:00...

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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

American Conference Institute (ACI)

[Webinar] Navigating New Risks and Litigation Challenges Facing Payors in the COVID-19 Context and Beyond - May 13th, 12:00 pm -...

What will the post-pandemic world look like? What risks and challenges will it raise and how to navigate the new litigation landscape? These are the most relevant questions amid the pandemic. To respond to them and provide...more

Lathrop GPM

COVID-19 Leads to New Class Actions

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Like every aspect of our society, the coronavirus is affecting class action litigation. In the last month a rush of new “corona” class actions have been filed, and businesses are seeing novel class claims. The headlines have...more

Cohen Seglias Pallas Greenhall & Furman PC

What to Do When Your Insurance Carrier Says No: How to Protect Yourself from Coverage Denials

Join Cohen Seglias’ Construction Contracts & Risk Management Group for their 2020 webinar series. You expect your insurance carrier to provide coverage when a claim is made against your company. However, coverage denials...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] What to Do When Your Insurance Carrier Says No: How to Protect Yourself From Coverage Denials - March 5th, 12:00 pm ET

You expect your insurance carrier to provide coverage when a claim is made against your company. However, coverage denials frequently occur and take companies by surprise. In this webinar, Jonathan Cass will discuss how to...more

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