Invoking the legal equivalent of “you snooze, you lose,” the Sixth Circuit Court of Appeals found a farmer slept on its right to argue on appeal that an exclusion in its insurance policy was ambiguous. The decision, Arbre...more
The plaintiffs sued Public Storage seeking insurance coverage after Public Storage allegedly disposed of personal belongings the plaintiffs had in a rented storage unit. ...more
A Maryland federal court recently weighed in on the still-murky world of insurance coverage for cybersecurity losses, finding replacement costs necessitated by a ransomware attack were “direct physical loss or damage” to a...more
3/6/2020
/ Additional Insured Endorsements ,
Business Interruption ,
Commercial Insurance Policies ,
Corporate Counsel ,
Cross Motions ,
Cyber Insurance ,
Cyber Policies ,
Cybersecurity ,
Data Breach ,
Data Loss Prevention ,
Data Protection ,
Data Storage ,
Denial of Insurance Coverage ,
Hackers ,
Insurance Claims ,
Policy Terms ,
Popular ,
Property Damage ,
Ransomware ,
Software ,
Summary Judgment
A Puerto Rico district court dismissed a third-party action by defendant-policyholder Puma Energy Caribe LLC against the reinsurers of an insurance policy issued by plaintiff Integrand Assurance Co. Puma claimed that the...more
1/20/2020
/ Arbitration ,
Arbitration Agreements ,
Attorney's Fees ,
Commercial Insurance Policies ,
Insurance Claims ,
Insurance Litigation ,
Motion to Dismiss ,
Negligence ,
Privity of Contract ,
Puerto Rico ,
Reinsurance ,
Reinsurance Agreements ,
Standing ,
Third-Party ,
Third-Party Beneficiaries
I am willing to go out on a limb and say that if asked whether an animal, say, a raccoon, is capable of committing malicious criminal acts, most humans would agree that the issue is beyond dispute. But, alas, most humans...more
Taunia Kittler, through Galilea LLC, owned a 60-foot sailing yacht named Galilea. In June 2015, the Galilea crashed off the coast of Panama and was deemed a complete loss. Kittler and Galilea LLC sought insurance coverage...more
Several months ago we blogged about the duty to defend advertising injury claims under commercial general liability (CGL) policies, noting that many courts continue to struggle with the practical application of basic duty to...more
3/13/2019
/ Advertising Injury ,
Commercial General Liability Policies ,
Denial of Insurance Coverage ,
Duty to Defend ,
Fashion Design ,
Fashion Industry ,
Insurance Claims ,
Insurance Litigation ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Trade Dress
A New York district court has granted a motion to compel arbitration of matters arising out of general liability “fronting” policies issued by member companies of AIG. ...more