The Duty to Cooperate Under a Liability Policy
Best Practices for Negotiating Manuscript Exclusions
AGG Talks: Healthcare Insights - Episode 1: A Primer for Providers When Insurance Companies Refuse to Pay
Hinshaw Releases Second Edition of Duty to Defend: A Fifty-State Survey
Hinshaw Insurance Law TV – Transaction Insurance Solutions
The Standard Formula Podcast | Understanding Insurance Resolution Regimes
Policyholders vs. Insurers: 3 Arguments to Make When Selecting Defense Counsel & Hourly Rates
Cracking the Code: Getting the Most Out of Your Cyber Insurance Policy
Insurers Take Note: New Changes to Florida Law Mean Changes in Claims Handling & Roof Repairs in the Sunshine State
An Uncompromising Insurer: What is a Policyholder to Do?
Five Tips to Improve Your Insurance Coverage Claim
Is Captive Insurance Right for Your Business? A Deep Dive with AkinovA
A Deeper Dive Into Insurance Topics for Nonprofits: Special Events Coverage and Considerations When Making Claims
Nonprofit Basics: Insurance Coverage for the New Nonprofit
Loading and Unloading Under GL and Auto Policies: 2022
Sending Up the Mediation Smoke Signal: Tools that Policyholders Have Available to Settle A Claim With A Recalcitrant Insurer
The Calm Before the Storm: Planning for Catastrophic Weather Events
Insurance Renewals: Know When to Hold ‘ Em, Know When to Walk Away
Do R&W Insurers Still Pay Claims? Following Up on Lowenstein’s 2020 Survey
Hinshaw Insurance Law TV: Recent Changes in Florida Property Insurance Law and How They Will Affect First Party Insurance
Often, forensic accountants face practical challenges when calculating business interruption (BI) losses. These issues have been highlighted by recent claims following COVID-19 and the 2024 storm in the UAE which caused...more
The Colorado Court of Appeals (Division VI), applying Colorado law, partially affirmed a trial court decision dismissing an action seeking insurance coverage for COVID‑19 related losses. Spectrum Retirement Communities, LLC...more
In a recent COVID-19 Washington State insurance bad faith case, Tulalip Tribes of Washington v. Lexington Ins. Co., Division I of the Washington Court of Appeals affirmed Washington’s stance holding lost physical use of...more
In Theraplant LLC v. National Fire & Marine Insurance Co., the U.S. District Court for the District of Connecticut denied the insured cannabis cultivator’s claim for business interruption coverage because the insured failed...more
We kick off the year with a quartet of state supreme court decisions and an intermediate appellate court ruling that has insurers breathing a harmonious sigh of relief. Policyholders and insurers often disagree over what the...more
An owner, general contractor (GC) and subcontractor (Sub) were sued by injured workers at a construction site, and they were defended by the Sub’s insurer, U.S. Specialty Insurance Company. U.S. Specialty tendered their...more
In a ruling that bucked the national trend, the North Carolina Supreme Court recently held that restaurants’ business interruption losses caused by the COVID shutdown were covered under an all-risk property policy. North...more
The recent fires in Los Angeles have left many businesses grappling with significant disruptions. For business owners, navigating the aftermath of such a catastrophe often includes understanding how their insurance policies,...more
On December 13, 2024, the Supreme Court of North Carolina broke with the nationwide trend, holding that, absent a virus exclusion, commercial property insurance policies cover losses covered by the shutdown orders issued in...more
Last week, the North Carolina Supreme Court issued its long-awaited ruling in North State Deli, LLC v. The Cincinnati Insurance Company, siding with a group of North Carolina restaurants that sought business interruption...more
Wilson et al v. USI Insurance Services, LLC, et al., - In Wilson et al v. USI Insurance Services, LLC et al., No. 20-3124 (3d Cir. Oct. 8, 2024) the Third Circuit recently denied a petition for rehearing on COVID-19 related...more
The Pennsylvania Supreme Court recently rendered its eagerly awaited decision in Ungarean v. CNA et al., declaring that losses resulting from Covid-related governmental closure orders were not covered by business interruption...more
In a long-awaited decision, the Pennsylvania Supreme Court ruled in favor of the insurance companies in two appeals involving the availability of business interruption insurance coverage for losses stemming from the COVID-19...more
In a long-awaited decision, the Pennsylvania Supreme Court has held that “direct physical loss” language in commercial property policies is not ambiguous and that COVID-related business-interruption claims do not trigger the...more
A dental practice submitted a business interruption claim to its property insurers due to the COVID-19 shutdown orders. The insurers denied coverage, citing a lack of physical damage to the premises. Breaking with national...more
Seeking to find some relief from business losses experienced during the COVID-19 pandemic, many businesses turned to their property insurers for coverage for their lost income. A clear national trend emerged among courts...more
On September 26, 2024, Pennsylvania joined the majority of jurisdictions nationwide in holding that commercial property insurance policies do not cover losses caused by the government shutdown orders issued in response to the...more
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
In a recent New York Court of Appeals opinion, the court found that business losses due to the COVID-19 pandemic were not covered under an “all-risk” commercial property insurance policy. In Consolidated Rest. Operations,...more
Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now...more
In a win for Wiley’s client, the United States District Court for the Eastern District of Arkansas, applying Arkansas law, has held that a cyber policy’s business interruption coverage should not result in a windfall for an...more
Lost Business Income Not Covered Because Not Caused by Direct Physical Loss Or Damage, Third Department Finds- 87 Uptown Road, LLC owned an apartment complex with 11 apartment buildings in Ithaca, New York, which were...more
The Fifth Circuit added to the emerging body of case law addressing the recovery of business income losses in the cyber insurance coverage context to kick-start 2024 in Southwest Airlines Company v. Liberty Insurance. ...more
New York Department of Financial Services (DFS) is concerned that AI’s self-learning behavior increases the risks of unlawful or unfair discrimination. DFS will audit insurers’ use of AI. Such insurers need to maintain...more
The English Court has, for the first time, considered the meaning of a “catastrophe”, as well as how Hours Clauses work in the context of non-damage business interruption losses claimed under two Property Catastrophe Excess...more