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Melito & Adolfsen

“Taking the Suddenness Out of Accident”

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Can AI or Chat GBT write poetry, perhaps by accident. But an insurance underwriter came up with the phrase: “Taking the suddenness out of accident.” Now that’s poetry. The poet was describing the “occurrence” definition in an...more

White and Williams LLP

Maryland's Top Court Adopts Majority Pro Rata Allocation Rule in "Long Tail" Case

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On April 3, 2020, the Maryland Court of Appeals, in a closely-watched case, unanimously rejected the application of an “all sums” allocation and held that damages for continuous bodily injury must be allocated pro rata, by...more

K&L Gates LLP

Better Late Than Never: The California Supreme Court Reverses Itself, Holding That Corporate Policyholders May Assign Insurance...

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Asset purchase and sale transactions are a preferred structure for many corporate deals. For a variety of reasons, it may be prudent for businesses or product lines to be transferred through these transactions, and an asset...more

Carlton Fields

California Declares New Rules for Assignment of Long Tail Claims

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Last week, in a unanimous decision, the Supreme Court of California changed the law governing anti-assignment provisions in liability insurance policies. Twelve years ago, in Henkel Corp. v. Hartford Accident & Indemnity...more

K&L Gates LLP

“Continuous” Trigger is Alive and Well in Pennsylvania

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In recent years, insurers have attempted to avoid their coverage obligations for their policyholders’ asbestos personal injury claims by challenging longstanding trigger of coverage rulings from the 1980s and 1990s. Although...more

Orrick, Herrington & Sutcliffe LLP

Policyholder Insider Quarterly

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Makers and Users of Smart Devices Beware: You May Have a Critical and Costly Gap in Your Insurance Coverage - The drumbeat of high-profile data breaches has led to rapid growth in the number of companies purchasing or...more

Orrick, Herrington & Sutcliffe LLP

Policyholder Observer

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Encryption Flaw "Heartbleed" Creates Data Risk: How Insurance Can Stanch the Bleeding - In early April, news broke of an encryption flaw named “Heartbleed” that exposed companies to data breaches for over two and one...more

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