The Duty to Cooperate Under a Liability Policy
AI Talk With Juliana Neelbauer - Episode Two - Cybersecurity Insurance: The New Frontier of Risk Management
Law School Toolbox Podcast Episode 388: Listen and Learn – Policy Exclusions (Evidence)
Nonprofit Basics: Insurance Coverage for the New Nonprofit
Tax Liability Insurance Products: A Hidden Gem in the Transactional Lawyer’s Tool Box
Asset Protection 101: Are You and Your Family Protected from Litigation, Creditors, and Divorce?
Subro Sense Podcast - Considerations In Fixed Funds/Limited Pool Scenarios
JONES DAY PRESENTS®: Insurance Implications of the California Consumer Privacy Act
Prior & Pending Litigation
The Northern District of Texas recently issued a pivotal decision for long-tail injury cases. It clarified that under Texas law, excess liability coverage for long-tail injury claims can center on an exposure trigger theory....more
In Columbia Casualty Co. v. State Auto Mutual Insurance Co., the Sixth Circuit Court of Appeals concluded, under Ohio law, that a demand letter to a general liability insurance carrier’s insured containing allegations of bad...more
Michael Cannata and Frank Misiti wrote, “There’s Coverage for That? The ‘Ins and Outs’ of Personal and Advertising Injury Coverage” for the Summer 2025 issue of USLAW Magazine. The story explains “personal and advertising”...more
On March 19, 2025, Judge Reed O’Connor in Liberty Mutual Fire Insurance Co. v. N. Tarrant Infrastructure LLC, No. 4:23-cv-01043-O, 2025 WL 863470 (N.D. Tex. Mar. 19, 2025) held that under the Eight-Corners Rule, Liberty...more
In 2015, Continental Casualty Company issued a commercial general liability policy to Zongwei Shen dba Nobles Massage Spa. The policy covered Shen (the spa owner) and Zhong Xin (the spa manager and Shen’s wife) for damages...more
There’s been plenty of litigation over whether construction defect claims qualify for coverage under a CGL policy. This month, we discuss two federal circuit court rulings (First and Seventh Circuits) that reach opposite...more
Understanding coverage exclusions in a subcontractor’s commercial general liability insurance policy can be a daunting task. What the insuring language of the policy appears to provide, may be taken away through a policy...more
On June 15, 2023, in Citizens Insurance Company of America v. Wynndalco Enterprises LLC, the Seventh Circuit Court of Appeals affirmed the U.S. District Court for the Northern District of Illinois’ decision holding that a...more
Whether your company has physical operations in another country or only engages in international sales, you have what is known in the insurance world as foreign exposure. And that means you should be intentional about how you...more
The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the...more
There are certain core principles that must be applied in analyzing coverage under a liability insurance policy. This two-part article sets out those principles. It also explores some counter-intuitive situations in which...more
In our recent article, “10 Questions Personal Transportation Manufacturers Should Answer Before Selling a New or Redesigned Product,” we identified areas that should be addressed before a new product goes to market. One of...more
The Eleventh Circuit recently held that sending a fax in violation of the TCPA is not considered an “accident” in determining whether coverage existed for TCPA claims under a commercial general liability insurance policy. ...more
Almost a year after Middle District Judge Mary Scriven’s instructive decision in Innovak Int’l, Inc. v. Hanover Ins. Co. in which she declined to hold that a traditional commercial general liability (CGL) policy, as drafted,...more
The legalization of cannabis in many states is helping the industry to become mainstream and gain access to insurance products taken for granted in other economic sectors. But there is still a long way to go until the...more
There’s a tempest amidst the recent spring shower of “cyber” insurance cases. It isn’t the Recall Total case reported the week before last, or the Travelers v. Federal Recovery Services case reported the week before. While...more
A recent 3rd Circuit decision, ArcelorMittal Plate, LLC v. Joulé Technical Services, Inc., 558 Fed.Appx. 205 (3d Cir. 2014) reiterates that under New Jersey law, an insurer does not act in bad faith when denying a claim that...more
Florida adheres to the "four corners rule," under which a liability insurer’s duty to defend an insured is determined solely from the allegations of the underlying complaint. In Composite Structures, Inc. v. The Continental...more
No business is immune to data breach. Digital data in particular can be lost in innumerable ways, causing serious business interruptions and consumer injuries. After falling victim to a hack, virus, or cyber theft, companies...more