The costs of directors and officers (D&O) insurance continue to climb, in large part due to higher legal costs, increasing complexity and the severity of securities class action litigation and derivative suits. In 2020 alone,...more
As the second quarter of 2021 continues, one thing is clear: COVID-19 business interruption claims are here to stay for the foreseeable future. Some legislators have proposed bills that would force insurers to cover certain...more
At the start of 2021, one thing is clear: COVID-19 will continue to play a major part in insurance coverage litigation trends in the new year. Until now, the main focus has been on claims for lost business income due to...more
COVID-19 has forced ski slopes to cease operation, compelled people to cancel trips of all kinds, and closed many summer camps. Attempts by insureds to obtain refunds or otherwise recoup the money they paid in connection with...more
Business interruption suits against an insurer filed in Allegheny, Philadelphia and Lancaster Counties in Pennsylvania, will be coordinated and will proceed before Judge Ward of the Allegheny County Court of Common Pleas. The...more
The New Jersey Supreme Court recently answered a question of law certified to it by the Third Circuit Court of Appeals, and held that the made-whole doctrine “does not apply to first-dollar risk, such as a self-insured...more
Since the side effects of COVID-19 have set in, insurance companies have seen over 500 lawsuits filed, claiming that business interruption coverage applies to losses caused by COVID-19 related restrictions. These suits...more
On May 14, 2020, the Supreme Court of Pennsylvania rejected a request by a group of Pennsylvania attorneys that the Court use its King’s Bench power in connection with a case seeking a determination of whether an insurer owed...more
As anticipated, the coronavirus is generating coverage litigation as governmental bodies across the nation order the limitation of operations or closure of nonessential business. As a result, businesses across the nation are...more
The worldwide outbreak of COVID-19 has the potential to impact various lines of insurance coverage. As always, the determination of whether an insurance policy affords coverage for a specific claim will depend on the language...more