Don’t forget the supplementary payments solution to the defense cost recoupment problem

By Stan Nardoni on 15 August 2022 Posted in Insurance Coverage, Insurance General

States continue to disagree about whether an insurer that defends its insured in a lawsuit can reserve a right to recoup its defense costs from the policyholder if the carrier wins a declaratory judgment that it owed no duty to defend. Courts in New York and Nevada recently took opposite positions on the issue, but … Continue Reading

Insurance applications seeking an insured’s subjective opinions cannot support insurer defenses of misrepresentation or concealment

By Keith Meyer on 26 May 2022 Posted in Insurance Coverage, Insurance General

When applying for insurance, prospective (or existing) insureds are frequently asked to confirm, either in a formal application or in a side letter, that they are not aware of any circumstances, incidents or events that could result in a claim being made against it. If the insured identifies any potential claim, the insurer will either … Continue Reading

Beware Of Gaps In Your Cyber Risk Policy – Are You Covered In the Event of an Insider Attack or Data Breach?

By Brian Himmel, Andy Moss and Robert Owen on 24 October 2014 Posted in Cyberliability, Insurance Coverage

The evolving market for cyberliability insurance coverage reveals significant differences in the scope of coverage afforded under available policies. A coverage gap that may exist under some policies is for insider cyber attacks. While external attacks receive substantial news coverage, a recent study finds that businesses may be far less equipped to stave off attacks involving insiders: employees, vendors, suppliers and others who may have authorized access to critical or sensitive data.… Continue Reading