12/6/2022 10:13:40 PM COVID-19 business income claims – Will state appellate courts reject federal court predictions as to state law? By Richard Lewis In the past few months, in cases considering whether SARS-CoV-2/COVID-19 can cause direct physical loss or damage to property so as to...
11/30/2022 10:00:10 PM California Supreme Court rules in favor of policyholders: what we learn from Yahoo! Inc. v. National Fire Insurance By Elizabeth Bowman David Weiss Timothy Law Earlier this month, the California Supreme Court, in Yahoo Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pennsylvania, Supreme...
11/22/2022 9:19:14 PM Hurricane Ian and Hurricane Nicole: Answering questions policyholders frequently ask (or should ask) to ensure maximum recovery By Jessica Gopiao Matthew Weaver At $40-70 billion in estimated insured losses, Hurricane Ian is the nation’s second most expensive natural disaster for the insurance...
11/17/2022 5:14:31 PM Direct physical loss in COVID Coverage cases: Are policyholders seeing a litigation shift in favor of COVID-19 coverage? By Connor O'Carroll Elizabeth Bowman David Weiss The ongoing COVID-19 pandemic led to unprecedented closures and losses for businesses throughout the United States. Naturally,...
11/11/2022 10:19:24 PM Maximizing recovery for combined wind and flood damages in hurricane claims By Maria Castro Sanchez Matthew Weaver This year, Hurricane Ian swept through the Southeastern United States, causing extensive damage to property in the affected areas. While...
10/19/2022 8:40:47 PM Amy’s Kitchen: A step in the right direction By Adrienne Kitchen Douglas Rawles On October 4, the California First Appellate District in Amy’s Kitchen, Inc. v. Fireman’s Fund Insurance Company, 2022 Cal. App. LEXIS...
10/13/2022 3:48:52 PM Pay and pay without delay – Section 13A of the Insurance Act 2015 By Margaret Campbell Eleanor Ruiz How often have we seen insurers raise spurious defences, ask further questions and delay payment of good claims for years? For obvious...
10/10/2022 2:44:15 PM Calculating business income losses for a business interruption claim By Evy Wild Anthony Newman Many commercial property insurance policies require that policyholders submit a Sworn Statement in a Proof of Loss (also referred to as...
9/29/2022 10:15:37 PM Insurance coverage for sexual abuse in New York By John Berringer With the passage of New York’s Child Victim’s Act (the “CVA”) and similar revival statutes around the United States, there have been...
9/20/2022 10:59:52 PM Key considerations for companies in procuring or renewing D&O coverage By Miranda Jannuzzi Andy Moss Directors’ and Officers’ liability (“D&O”) insurance offers key protections to a company’s board members and management by serving as a...
9/7/2022 6:04:53 PM A tightening cyber insurance market: War exclusions in the wake of Merck v. Ace By David Cummings Andrew Barrios Andy Moss As cyber risks continue to grow and evolve, the cyber insurance market is increasingly likely to take steps to limit its risk profile,...
8/31/2022 4:17:16 PM A policyholder win: Court finds coverage for COVID-19 related losses By Nat Ochoa David Weiss Recently, a California federal court issued a favorable decision for policyholders seeking coverage for losses arising from COVID-19 who...
8/22/2022 9:50:37 PM Court’s denial of employment liability coverage for Biometric Information Privacy Act litigation should not discourage policyholders By Andrew Barrios John Vishneski Claire Whitehead Although the policyholder bar has previously had success obtaining coverage for Biometric Information Privacy Act (BIPA) litigation under...
8/15/2022 11:02:40 PM Don’t forget the supplementary payments solution to the defense cost recoupment problem By Stanley Nardoni States continue to disagree about whether an insurer that defends its insured in a lawsuit can reserve a right to recoup its defense...
7/28/2022 2:59:13 PM You’ve been sued: An insurance attorney’s top tips for securing (and preserving) coverage By Margaret McDonald John Vishneski Do not assume insurance coverage is unavailable Today’s insurance market is complex. It encompasses a wide range of insurance policies...
7/21/2022 10:20:18 PM Looking beyond “Physical Damage to Property”: Is Marina Pacific Hotel a winning framework for policyholders? By Claire Whitehead John Vishneski It’s no secret that businesses of all shapes and sizes have suffered tremendous losses during the COVID-19 pandemic. From closures to the...