The Los Angeles wildfires, which began on January 7, 2025, have caused widespread devastation, destroying homes, businesses, and communities, while displacing thousands of residents. Insured loss estimates currently exceed...more
In Short -
The Situation: Commercial policyholders are increasingly being targeted by climate change lawsuits alleging that greenhouse gas emissions from their normal operations—and the alleged failure to take...more
In Short:
The Situation: The cyber insurance market is experiencing a major retrenchment, with insurers seeking to limit their exposure in a variety of ways....more
The Ninth Circuit recently affirmed a lower court's ruling that a Directors and Officers Liability ("D&O") insurer had a duty to defend against a lawsuit brought by investors in an insured's commercial development project. In...more
Political risk insurance ("PRI") policies may provide corporate policyholders experiencing business losses in Ukraine or Russia with coverage potentially excluded under traditional property insurance policies.
Russia's...more
Reversing the New York Appellate Division, First Department, the New York Court of Appeals, in a 6–1 landmark decision, held that a $140 million disgorgement payment is an insured "loss," after a long history of insurance...more
12/3/2021
/ Bear Sterns ,
Denial of Insurance Coverage ,
Disgorgement ,
E&O Insurance ,
Insurance Claims ,
Insurance Litigation ,
Liability Insurance ,
Loss Coverage ,
Penalties ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Settlement Agreements ,
Wrongful Acts
With Hurricane Ida having battered Louisiana, Mississippi and various other states, businesses will soon look to secure insurance recoveries for the significant property damage and business income losses left in its wake....more
The Situation: Although COVID-19-related insurance coverage litigation is still in its early stages, there are now well over 1,200 lawsuits pending across the United States and Europe, which seek to recover billions of...more
11/4/2020
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
NC Supreme Court ,
Policy Exclusions ,
Property Insurance
In a significant victory for policyholders, on 15 September 2020, the English High Court delivered judgment in the UK Financial Conduct Authority's ("FCA") COVID-19 Business Interruption Test Case.
In a significant victory...more
The Situation: This month, a Michigan state trial court dismissed the COVID-19-related business interruption coverage lawsuit filed by two policyholder restaurants on the pleadings, finding that they had failed to allege any...more
7/16/2020
/ Business Interruption ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Executive Orders ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss Coverage ,
Property Damage ,
Property Insurance
The UK Financial Conduct Authority ("FCA") has asked the English High Court to give an urgent declaratory judgment to address "significant uncertainty" on the scope of common business interruption insurance policy wordings in...more
The Situation: Corporate policyholders and their directors and officers may soon face lawsuits and claims arising from COVID-19 as the economy reopens and companies, their employees, and consumers get back to business.
The...more
The Situation: In an ongoing effort to discourage commercial policyholders from pursuing COVID-19-related business interruption claims, the insurance industry continues to issue sweeping pronouncements of alleged "no...more
Jones Day Insurance Recovery Practice Leader Ty Childress discusses the insurance implications relating to COVID-19, including employee health and safety concerns, the importance of reviewing language, determining what...more
The Situation: On the evening of July 13, 2019, a massive blackout struck Manhattan's West Side, prompting the cancellation of 26 out of 30 Broadway performances and postponement of the second night of Jennifer Lopez's...more
8/8/2019
/ Business Interruption ,
Cancellation Rights ,
Commercial Insurance Policies ,
Event Tickets ,
Insurance Claims ,
Insurance Industry ,
Lost Profits ,
Natural Disasters ,
Notice Requirements ,
Policy Exclusions ,
Proof of Loss
With Hurricane Harvey having pummeled much of the Texas Gulf Coast, businesses will soon look to secure insurance recoveries for the estimated billions of dollars in property damage and business income losses left in its...more
8/31/2017
/ Attorney's Fees ,
Business Interruption ,
Claim Procedures ,
Denial of Insurance Coverage ,
Flood Insurance ,
Homeowners ,
Hurricane Harvey ,
Insurance Claims ,
Interest Rate Adjustments ,
Natural Disasters ,
New Legislation ,
Post-Judgment Interest ,
Property Damage ,
Property Insurance ,
Property Owners ,
Reporting Requirements ,
Severe Weather ,
Written Notice