News & Analysis as of

Commercial General Liability Policies Corporate Counsel

Morris, Manning & Martin, LLP

Policyholder Lessons from IBM Environmental Remediation Suit Against Insurers

IBM recently filed a declaratory judgment action against multiple insurers seeking coverage for environmental remediation costs. The complaint contains lessons for policyholders facing long-tail environmental exposure claims....more

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

Woodruff Sawyer

Commercial Lines Insurance Market Update – First Quarter 2023

Woodruff Sawyer on

The basic economic principle of supply and demand is the theme of the first quarter. The supply of capital is driving pricing behavior in all segments of the commercial lines market. Let’s start with the directors and...more

Hinshaw & Culbertson - Insights for Insurers

Key Insurance Cases and Developments – 2022 In Review

After a brief abatement due to pandemic-related litigation delays and court closures, social inflation returned with a vengeance replete with numerous nuclear jury verdicts. Although a case in any state is capable of...more

Cooley LLP

California Supreme Court Boosts Policyholders Seeking Coverage for Privacy Class Actions

Cooley LLP on

In a recent opinion, the California Supreme Court ruled in favor of California-based tech giant Yahoo in a multiyear legal battle with the National Union Fire Insurance Company of Pittsburgh, Pennsylvania. The insurer had...more

Jenner & Block

Seventh Circuit Decision Sends Warning to "Claims Made" D&O Insurance Policyholders

Jenner & Block on

The U.S. Court of Appeals for the Seventh Circuit in Hanover Ins. Co. v. R.W. Dunteman Co., 2022 WL 13769371, --- F.4th --- (7th Cir. Oct. 24, 2022), recently interpreted Illinois law on the aggregation provisions in a claims...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Cybersecurity Insurance: Circuit Courts Weigh in on Insurers’ Liability for an Insured’s Losses Stemming from a Data Breach

When a cybersecurity-related incident occurs, an insured should not automatically assume a standard commercial general liability (CGL) policy issued by an insurer will cover their losses, as CGL policies generally afford...more

Neal, Gerber & Eisenberg LLP

Recent Court Decisions Reinforce Coverage for BIPA Claims Under General Liability Policies

Illinois’ Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”), has been a fertile source of litigation against Illinois businesses for several years now. The targets of such lawsuits turned to their insurers for...more

Hinshaw & Culbertson - Insights for Insurers

Second Circuit Rules Indemnity Provision in Construction Contract Trumps "Other Insurance" Clause in Determining Priority of...

A recent decision by a panel of the U.S. District Court of Appeals for the Second Circuit serves as a reminder that sometimes insurers and policyholders must look outside the insurance policies to determine the priority of...more

Winthrop & Weinstine, P.A.

Eighth Circuit Reinforces Trend Denying Insurance Coverage for COVID-related Loss

In the wake of COVID-19 and governmental closure orders, many businesses were forced to temporarily suspend their operations. Consequently, many consumer-facing businesses lost out on a significant source of income. As...more

Cozen O'Connor

Fifth Circuit Finds Potential Coverage for Data Breach; Interprets “Publication” Broadly

Cozen O'Connor on

Using general contract interpretation principles, the Fifth Circuit reversed summary judgment in favor of an insurer and found a duty to defend Landry’s in a data breach lawsuit. Landry’s Inc. v. The Insurance Company of the...more

Perkins Coie

Illinois Supreme Court Affirms BIPA Lawsuits Are Covered by GL Policies

Perkins Coie on

The deluge of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14 et seq. over the past several years has presented a challenge to companies operating in Illinois. Not surprisingly,...more

Ervin Cohen & Jessup LLP

Can Companies Be Liable If Third-Party Contractors Suffer Data Breaches?

The California Consumer Privacy Act became effective on Jan. 1. Included among its provisions is the grant of a private right of action on behalf of any consumer “whose nonencrypted and nonredacted personal information…is...more

Troutman Pepper Locke

Should Your Business Require Independent Contractors to Sign Coronavirus Waivers and Releases of Liability?

Troutman Pepper Locke on

Many companies are asking, should we require independent contractors to sign advance waivers and releases of liability for contracting the Coronavirus? Most commentators have urged companies to refrain from requiring...more

Chambliss, Bahner & Stophel, P.C.

Protecting Your Business from Liability for COVID-19 Transmission

As businesses continue to evaluate current operations and how they will modify them as shelter-in-place orders are lifted and employees and customers return, it is important for each business to anticipate potential COVID-19...more

Buchalter

Buchalter Client Alert COVID-19: Opposite Sides of the Table: Restaurants Seek Recovery From Insurers for Business Interruption in...

Buchalter on

As COVID-19 cases have continued to spread across the country resulting in government-issued “shelter in place” orders, few industries have felt the impact as swiftly and deeply as the restaurant industry. Indeed, such...more

Pillsbury - Policyholder Pulse blog

Don’t Overlook the Next COVID-19 Insurance Battleground: Liability Coverage

We have written much about business interruption coverage for losses arising from the COVID-19 pandemic, and expect that those losses will continue to dominate the insurance landscape for the foreseeable future. But, in...more

Payne & Fears

Is Your Business Insured for the Coronavirus?

Payne & Fears on

How bad will the pandemic get? How much will it spread in the United States? Will we develop a vaccine in time to do any good? As insurance lawyers, we have no idea. But we can help you figure out whether your business is...more

White and Williams LLP

CGL Coverage and Coronavirus: Is Causing Exposure an “Occurrence”?

White and Williams LLP on

There is only one thing that can be said for sure about the extent of consequences — human and economic — of the new coronavirus outbreak. Nobody knows. But, as things stand now, minor, and even moderate, have left the barn. ...more

Pillsbury - Policyholder Pulse blog

Coronavirus Update – Are You Covered?

In January, we were among the first to post on the insurance implications of coronavirus. Since then, the epidemic has landed on our shores, dragged down the stock market, and become a political football. It has affected...more

Hinshaw & Culbertson LLP

Insurers Take Steps to Reduce Silent Cyber Exposure

As cyber risks continue to proliferate, issues concerning coverage for those exposures under non-cyber or "traditional" property and casualty policies are creating uncertainty for both the insurance industry and for...more

White and Williams LLP

Delaware Supreme Court Applies Plain Meaning of Insurance Policy Language to Reverse $48 Million Defense Cost Award

White and Williams LLP on

An unbroken sequence of Delaware trial court decisions have reflected strong pro-policyholder leaning in insurance cases in furtherance of the state’s pro-business model. Following the most recent of these pro-policyholder...more

Butler Snow LLP

Failure to prevent a data breach is not likely to be covered by a traditional CGL insurance policy.

Butler Snow LLP on

In this high tech era we live in, creating, storing and using data is commonplace. The sheer quantity and scope of data has made protecting that data of paramount importance. Yet, every day we hear about another data...more

Troutman Pepper Locke

Santa Hurries Down CGL Carriers’ Chimneys – Court Finds Drones are Aircraft and Excluded in Important New Coverage Decision

Troutman Pepper Locke on

In what is believed to be a first-of-its-kind decision, the U.S. District Court for the Central District of California recently issued an opinion denying coverage for a personal injury lawsuit against a drone operator based...more

Poyner Spruill LLP

The Art of (Cyber) War, Or How A Little Known Policy Exclusion Can Nullify Your Insurance Coverage

Poyner Spruill LLP on

In June 2017, the NotPetya virus crippled many large companies including Merck and Mondelez (the manufacturer of Nabisco, Cadbury, and Toblerone). The aggregated losses, including property damage, operational disruptions, and...more

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