The COVID-19 pandemic has caused a wave of business interruption lawsuits, particularly between policyholders and their insurance companies. Initially, the nationwide trend was in favor of insurance companies, but recent decisions confirm that policyholders are gaining traction. Policyholder arguments gather steam in court One of the pioneer lawsuits, for example, recently survived a summary judgment … Continue Reading
This is the first of two posts discussing several major aspects of directors’ and officers’ liability (“D&O”) insurance coverage. Companies approaching a policy renewal deadline, looking to place D&O insurance for the first time, considering increasing the size or structure of an existing D&O insurance program, or otherwise evaluating their overall risk management strategy may … Continue Reading
Reed Smith Insurance Recovery partners John Shugrue, John Ellison, Amber Finch, Richard Lewis, and Matthew Weaver offer discussion and analysis on key issues relevant to businesses seeking, or evaluating whether to seek, coverage for COVID-19 losses. This webinar is available on demand and you can register here. Here’s a brief summary of the topics addressed in … Continue Reading
Faced with mounting claims for insurance coverage as a result of the novel coronavirus (COVID-19) outbreak, commercial insurers are likely to search for any policy provision that they think will enable them to avoid paying virus-related claims. One provision that insurers ultimately may invoke in an attempt to deny such claims is the so-called “pollution … Continue Reading
What does it mean to call a fire “hostile”? This question has become increasingly important for insurance policyholders, such as those seeking coverage for fires and explosions following crude-by-rail or chemical-by-rail accidents. When an explosion or fire event results in death, personal injuries or property damage, insurance companies may rely on a pollution exclusion. These exclusions may contain … Continue Reading
