The Administrative Board of the Courts is seeking public comment on a proposal by the Commercial Division Advisory Council to amend the Commercial Division rules (22 NYCRR § 202.70) to clarify what types of insurance cases...more
6/27/2025
/ Business Interruption ,
Comment Period ,
Commercial Insurance Policies ,
Commercial Litigation ,
Environmental Claims ,
Errors and Omissions Policy ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Jurisdiction ,
New York ,
Proposed Amendments ,
Proposed Rules ,
Public Comment ,
Rulemaking Process
We’ve selected five recent insurance decisions for this month’s update.
Foreign insurers will be pleased with the Second Circuit’s revamped view of the New York Convention. In finding that the international treaty is...more
6/24/2025
/ Appeals ,
Arbitration ,
Commercial Insurance Policies ,
Foreign Arbitral Awards ,
Insurance Claims ,
Insurance Contracts ,
Insurance Litigation ,
Insurance Regulations ,
Occurrence ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Securities and Exchange Commission (SEC) ,
Securities Litigation
The 2014 Home Depot data breach was one of the more notorious cyberattacks. A decade later, litigation over that incident continues. The Sixth Circuit recently decided whether an electronic data exclusion cleared insurers...more
2/21/2025
/ Commercial Insurance Policies ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Denial of Insurance Coverage ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability ,
Litigation Strategies ,
Policy Exclusions ,
Risk Management
In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of...more
9/19/2024
/ Aircraft ,
Business Losses ,
CA Supreme Court ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Construction Defects ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
False Statements ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss Coverage ,
Misrepresentation ,
Policy Terms ,
Property Damage
Courts were in full swing deciding insurance coverage issues over the past month or so. Here are a few that caught our attention.
The Louisiana Supreme Court became the latest state supreme court to find no coverage for...more
4/18/2023
/ Advertising ,
Business Interruption ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Department of Environmental Protection ,
Environmental Impairment Liability Insurance (EIL Coverage) ,
Insurance Claims ,
Insurance Industry ,
LA Supreme Court ,
Liability Insurance ,
Pollution Exclusion ,
TCPA
We bring you our November Insurance Update.
Here’s what happened over the past month.
Insurers scored a hat trick before the Ninth Circuit, as the court found no coverage for pandemic-related business interruption...more
11/22/2021
/ Bodily Injury ,
Business Interruption ,
Business Losses ,
Car Accident ,
Causation ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Construction Defects ,
Coronavirus/COVID-19 ,
Criminal Convictions ,
Homicide ,
Injunctive Relief ,
Insurance Claims ,
Insurance Industry ,
NV Supreme Court ,
Policy Exclusions ,
Property Damage ,
Statutory Damages ,
TCPA ,
Telemarketing
Judicial Panel on Multidistrict Litigation Centralizes Some COVID‐19 Related Insurance Cases
As reported in our September update, the Judicial Panel on Multidistrict Litigation at its July 2020 hearing session requested...more
10/19/2020
/ Appeals ,
Business Interruption ,
Commercial Insurance Policies ,
Construction Disputes ,
Contaminated Properties ,
Contamination ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Drinking Water ,
Duty to Defend ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Protection Agency (EPA) ,
ERISA Litigation ,
Florida ,
Hazardous Substances ,
Motion To Centralize ,
Multidistrict Litigation ,
Policy Exclusions ,
Pollution Liability Insurance ,
Reversal ,
State and Local Government ,
Summary Judgment ,
Texas ,
Waste Management ,
Water Pollution
In our April 2020 Insurance Update we begin with a recap of some of the COVID-19 business interruption claims filed against insurers....
There were some important decisions over the past month from state high courts....more
4/28/2020
/ Biometric Information ,
Business Interruption ,
CA Supreme Court ,
Commercial Insurance Policies ,
Compensatory Damages ,
Coronavirus/COVID-19 ,
Homeowner's Insurance ,
Insurance Claims ,
Loss of Income ,
Malicious Prosecution ,
Pro Rata Sharing ,
Risk Retention ,
TX Supreme Court