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It’s Going Viral: Insurance for Ebola and Other Pandemic Outbreaks
Companies face significant business risks from contagious outbreak. Interruptions in supply arrangements, restrictions on travel, employee downtime, and potential liabilities for infecting third...
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Would Rot Damage Occur in a Garage If No One Were Around to See It? Yes,...
For centuries, the question whether an event even occurs before you know about it has perplexed philosophers. And judges. The U.S. Court of Appeals for the Eleventh Circuit last week came to a...
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How to Respond to Insurance Companies’ Questions While Preserving Your...
When you, as a policyholder, give an insurance company notice of a claim, the insurance company often will send a “reservation of rights” letter—especially where there are complex liability...
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Coverage Takes Flight: Insurers Launch Programs to Use Drones in Claims...
Insurers have taken to the skies! Unmanned aircraft systems, or drones, are, in the estimation of the Federal Aviation Administration, “the most dynamic growth sector within the aviation industry”—and...
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Oh-FAC! There’s Coverage for That?
Policyholders can include violations of economic sanctions among the laundry list of risks their companies face. Economic and trade sanctions are administered by the Office of Foreign Assets Control...
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ADR: We Can Work It Out
Virtually every company suffers a substantial insurance loss at some point in its life cycle. If the loss is large, there is a good chance there will be an insurance dispute. If efforts by the risk...
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UPDATE: A Data Breach by Any Other Name
The Connecticut Supreme Court on Monday affirmed the lower courts’ decisions in Recall Total Information Management, Inc. v. Federal Ins. Co., a case on which we have previously commented. Agreeing...
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In Early Case Construing Cyber Policy, Court Finds No Duty to Defend
The waiting has ended. On May 11, a Utah federal court handed down one of the first coverage decisions in the country construing a so called “cyber” policy. While the case did not deal with a data...
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Closing the Courthouse Door to Insurance Disputes: Mandatory Arbitration...
Your insurer wrongfully denies coverage—so you file a complaint in court, right? Not so fast! Many new insurance policies now include mandatory arbitration provisions. While at one time arbitration...
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Policyholders Beware – Cyber Coverage May Provide a False Sense of Security
There has been no recent shortage of high-profile cyberattacks and data breaches leaving businesses with millions of dollars in losses. Verizon’s 2015 Data Breach Investigations Report counted 79,790...
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Unguarded Moments: What Your Insurer Tells Its Reinsurer Matters to You
For the average reader seeking to learn more about insurance coverage and risk mitigation, the topic of reinsurance may not spark the same interest as issues related to coverage for data breaches,...
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Five Things to Look For in Your Cyber Coverage
The data breach earlier this month that potentially exposed information about millions of federal government employees is yet another reminder that any organization that maintains data is at risk of...
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Ironshore Drills Deepwater Deeper
When the Texas Supreme Court decided In re Deepwater Horizon earlier this year, it portended significant changes in the rights of companies named as “additional insureds” pursuant to contractual...
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Blurred Lines: The Professional Services Exclusion in D&O Policies for...
Professional services companies need to be extra-careful when placing Directors and Officers liability (“D&O”) coverage to ensure that their policies don’t take away with one hand what they appear...
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Well-Suited: The Texas Supreme Court Finds Insurers Have a Duty to Defend EPA...
Most standard form commercial general liability insurance policies provide that the insurer has the duty to defend any “suit” against the insured that seeks damages covered under the policy. In CGL...
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Handshakes Not Required: Court Enforces Undisclosed Arbitration Provision
Buyer beware—be very, very aware. As lawyers and non-lawyers know, to enter into a binding agreement, whether you’re buying a car or signing up for phone service, one party must make an offer and the...
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Don’t Get Burned: Tips for California Companies Facing Increased Risk of...
California is in the midst of one of the worst droughts on record. In January 2015, Governor Jerry Brown issued an executive order that requires cities and towns to reduce water use by 25%. The $45...
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Ganders Beware! Policy ADR Clauses Will Be Enforced Against Insureds and...
Recently we warned about mandatory arbitration provisions proliferating in insurance policies, which require referral of coverage disputes to an arbitrator or arbitral panel and bar commencing civil...
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‘Scaping the Settlement Shackles: PA Supreme Court Grants Coverage for...
Policyholders sometimes have to struggle with insurance companies over getting consent to a settlement offer the policyholder views as reasonable and would like to accept, only to be rebuffed. Now, in...
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Indemnification Claim Extinguishes Fire Caused by Insured v. Insured Exclusion
The Fifth Circuit recently delivered good news to policyholders in a July 27, 2015 opinion that supports the argument that an indemnification right among co-insured parties may be covered,...
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