News & Analysis as of

Breach of Contract › Corporate Counsel › Insurance Claims

Carlton Fields

Square Peg, Round Hole: 6th Circuit Affirms Finding That Cyber Claims Are Not Covered by CGL Policies

Carlton Fields on

In Home Depot Inc. v. Steadfast Insurance Co., Home Depot learned the hard way a rule every DIY enthusiast knows: measure twice, cut once. It appears Home Depot’s measurements were off when it sized up its insurance needs,...more

Hinshaw & Culbertson - Insights for Insurers

Double Tic-Tac-Toe: Insurers Have Now Prevailed in The First Six U.S. Court of Appeals Decisions Regarding COVID-19 Coverage

Hinshaw & Culbertson - Insights for Insurers on

Racking up three more victories at the U.S. Court of Appeals for the Ninth Circuit, insurers have now prevailed in the first six decisions of United States Court of Appeal. Each of these decisions have affirmed the dismissal...more

Jaburg Wilk

Arizona District Court Enforces “Virus Exclusion” to Dismiss COVID-19 Related Insurance Claims of Minor League Baseball Teams

Jaburg Wilk on

The Holding - In Chattanooga Prof’l Baseball LLC, v. Nat’l Cas. Co., 2020 WL 6699480 (D. Ariz. Nov. 13, 2020) (Order), the Arizona District Court held that a “Virus Exclusion” clearly precluded insurance coverage for losses...more

Seyfarth Shaw LLP

California Courts Weigh in on Contractual Obligations in the Era of COVID-19

Seyfarth Shaw LLP on

As discussed in previous updates, courts across the country continue to grapple with the application of force majeure provisions in contracts, as well as the related legal doctrines of impossibility, frustration of purpose,...more

Cozen O'Connor

New York Ruling Could Significantly Impact Disclosure of Communications Between Insurer and Counsel

Cozen O'Connor on

A recent decision from one of New York’s trial courts of general jurisdiction could have a chilling effect on written communications between an insurer and its retained counsel during a claim investigation.  In Otsuka...more

Bradley Arant Boult Cummings LLP

Are Federal Courts Increasingly Likely to Grant Rescission of Insurance Contracts?

Bradley Arant Boult Cummings LLP on

Recent court decisions across a variety of industries highlight the importance of submitting complete and accurate insurance applications and renewals. When submitting an application for insurance, the applicant should...more

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