Introduction - Disputes between insurers and their policyholders relating to insurers’ coverage obligations in biometric privacy-related litigation are on the rise. Over the past year, insurers have commenced a number of...more
The winter storm that ravaged Texas this week has caused considerable damage and suffering, and it is predicted by some that it will to lead to the largest number of insurance claims resulting from a single event. For a state...more
The number of lawsuits commenced by policyholders in the United States seeking insurance coverage for COVID-19 losses is approaching 1,500, and judicial decisions on insurer-filed motions to dismiss these cases now exceed 100...more
n a first-of-its-kind decision in the United States, a North Carolina state court recently granted summary judgment to a group of restaurants’ claims seeking insurance coverage for business interruption losses arising out of...more
The World Health Organization has declared the coronavirus (or COVID-19) a global health emergency, and our daily news diet continues to include distressing reports regarding its continuing spread and its devastating effects...more
On September 1, 2017, Texas Senate Bill 10 / House Bill 1774, entitled “An Act relating to actions on and liability associated with certain insurance claims” and otherwise known as the “Hailstorm Bill,” (the “Bill”) went into...more
In this episode of OnRisk, Carolyn Branthoover and Sarah Turpin talk about the increasing frequency of arbitration clauses in insurance policies, the enforceability of arbitration agreements in both the U.S. and in the UK,...more
3/21/2018
/ American Arbitration Association ,
Arbitration Agreements ,
Arbitration Awards ,
Arbitration Fees ,
Arbitrator Selection Disputes ,
Bermuda ,
Binding Arbitration ,
Commercial Arbitration ,
Commercial Insurance Policies ,
Contract Disputes ,
Dispute Resolution ,
Federal Arbitration Act ,
Foreign Arbitration Clauses ,
Insurance Industry ,
LCIA ,
Liability Insurance ,
Mandatory Arbitration Clauses ,
Manifest Disregard ,
McCarran-Ferguson Act ,
Reverse Preemption ,
UK ,
UK Brexit
In this episode of OnRisk, K&L Gates attorneys Carolyn Branthoover and Max Louik discuss the misrepresentation defense, also known as the rescission defense, a defense that insurers have been aggressively pursuing in recent...more
3/14/2018
/ Commercial Insurance Policies ,
False Statements ,
Insurance Brokers ,
Insurance Claims ,
Insurance Industry ,
Loss Coverage ,
Material Misrepresentation ,
Misrepresentation ,
Rescission ,
Risk Management ,
Underwriting
In May of this year, the United States Court of Appeals for the Second Circuit handed down a decision that illustrates, once again, the effective use by insurers of the misrepresentation defense to void their policies on the...more
An increasingly popular tool in the insurer’s toolset is attempted rescission of the policy. This tool is particularly sharp if the law applicable to the construction of the policy is that of New York. Earlier this week, the...more