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Insurance Claims Commercial General Liability Policies Commercial Insurance Policies

Carlton Fields

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

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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

Rivkin Radler LLP

September 2024 Insurance Update

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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

Nossaman LLP

An Insurance Coverage Checklist For PFAS Defendants

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Per- and polyfluoroalkyl substances, known as PFAS, are the emerging contaminant of concern for both regulators and the regulated community. For example, in a May 28 article in The New York Times, titled "Lawyers to Plastics...more

Zelle  LLP

The Doctrine of Prevention is not an Avenue to Avoid Repairs

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Most insurance policies contain conditions precedent, which premise coverage upon an insured’s actions. “As a general rule, if a contract expressly conditions the duty to perform upon the occurrence of a specified event, the...more

Lowenstein Sandler LLP

Priority of Coverage: Debunking “Other Insurance” Myths

Today on “Don't Take No For An Answer,” host Lynda A. Bennett is joined by Alexander B. Corson for a discussion about priority of coverage, or who pays what when there are numerous claims, parties, and policies at play. As...more

Lowenstein Sandler LLP

Sometimes You Have To Sweat The Small Stuff: Technicality Renders $10M Excess Policy Valueless

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Hosts Lynda A. Bennett and Eric Jesse of Lowenstein Sandler discuss how to access a tower of insurance coverage in light of the recent decision in Pharmacia Corporation v. Arch Specialty Insurance Company, where an...more

Quarles & Brady LLP

Wisconsin Case Law Year in Review 2023

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5 Walworth clarifies an issue that had become muddled since the Wisconsin Supreme Court’s 2016 decision in Wisconsin Pharmacal Co. v. Nebraska Cultures of California. Namely, 5 Walworth overturns Pharmacal’s introduction of...more

Woodruff Sawyer

Looking Ahead: A Guide to Property & Casualty Risk Management and Insurance in 2024

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Inflation—both economic and social—continues to contribute to premium increases in the P&C insurance market, and rising reinsurance costs due to severe weather events have led to higher property insurance costs. However, we...more

Lowenstein Sandler LLP

Don’t Cash that Refund Check! How to Challenge Insurance Rescission

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On this episode of “Don’t Take No for an Answer,” Lynda A. Bennett and Eric Jesse explain the policy procurement process, highlighting a disturbing trend they have observed lately where insurers attempt to rescind policies...more

Ervin Cohen & Jessup LLP

Traps for the Unwary: Reporting Requirements Under Liability Policies

Companies reporting liability insurance claims need to be aware that the pertinent rules vary depending on whether a policy is “claims made and reported” or “occurrence”. Most, if not all, Directors and Officers and Errors...more

White and Williams LLP

Ohio Court Refuses to Annualize Multi-Year Policies’ Per Occurrence Limits

White and Williams recently obtained summary judgment against an insured on behalf of an insurer and a guarantor, establishing that two multi-year insurance policies provide per occurrence limits on a per policy rather than a...more

Rivkin Radler LLP

Insurance Update - April 17, 2023.

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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

Rivkin Radler LLP

Insurance Update - November 2021

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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

Epstein Becker & Green

In COVID Coverage Dispute, Pennsylvania Court Hands Insured a Rare Win

Scores of insureds have sued their insurance carriers seeking coverage for business interruption losses stemming from the COVID-19 pandemic and related governmental closure orders. A vast majority have lost. Time and again,...more

Melito & Adolfsen

The Insurance Industry Anticipated a Pandemic from a virus like Covid-19 more than a decade ago.

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For businesses that were shut down by COVID-19 a common question is whether there is coverage for business interruption. In New York, the answer is no. This should be the answer nationwide. Coverage for business interruption...more

Sullivan & Worcester

Insurance Claims – Tips for Commercial Policyholders

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Most commercial insurance policies are taken out in the expectation that a claim will never be necessary. For the most part, this expectation is borne out by experience, with the result that when the loss or damage occurs,...more

Womble Bond Dickinson

Coronavirus – Business Insurance Policies Which May Apply

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As more and more businesses are impacted, meetings and events are cancelled, projects are halted, and operations are closed in response to the unprecedented effects of COVID-19, the issue of potential insurance coverage has...more

Holland & Knight LLP

A Look at Insurance Coverage Issues Related to COVID-19

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The new coronavirus (COVID-19) has impacted businesses from nearly every sector of the economy. Delays, furloughs, cutbacks, layoffs, shutdowns, etc., have prompted a common question – will insurance cover any losses related...more

Miles & Stockbridge P.C.

Insurance Coverage for COVID-19 Losses: Take a Proactive Approach to Maximize Coverage

As the events surrounding the COVID-19 pandemic unfold, the insurance industry is bracing itself for the multitude of claims it will inevitably face. To maximize potential coverage, policyholders can and should act now to...more

Foley & Lardner LLP

Managing the Commercial Impact of the Coronavirus: Top Five Considerations Regarding Insurance Coverage

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As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these challenges...more

Polsinelli

COVID-19 and Its Growing Impact on Commercial Contracts: How Should Contracting Parties Respond?

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COVID-19 is causing a rapidly evolving public health crisis, and businesses face uncertainty about their commercial relationships. That uncertainty is raising questions about performance under contractual agreements that were...more

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