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Notice Requirements › Excess Policies

Rivkin Radler LLP

August 2025 New York Insurance Coverage Law Update

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Northern District Finds Modified Employer’s Liability Exclusion In Policy Ambiguous - The general contractor for a construction project hired DJ Heating & Cooling to perform HVAC work at the project and Rocker II Drywall...more

Carlton Fields

Ninth Circuit Finds Excess Carrier Owes Nothing to Insured Who Failed to Obtain Prior Written Consent to Settlement

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In Vizio Inc. v. Arch Insurance Co., a case stemming from a class action settlement, the Ninth Circuit Court of Appeals clarified several areas of California law involving the interaction of primary and excess insurance...more

Lowenstein Sandler LLP

Harvard’s $15M Mistake: Failure to Adhere to Technical Notice Requirements in Insurance Policy May Lead to Significant Forfeiture

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The widely publicized U.S. Supreme Court case addressing Harvard University’s (Harvard) admissions practices not only concerns a significant constitutional issue but also serves as a cautionary tale for businesses and...more

Wiley Rein LLP

Renewal Correspondence to Underwriter Fails to Satisfy Claims-Made-and-Reported Policy’s Notice Requirement

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Applying California law, the United States District Court for the Northern District of California has held that correspondence to an underwriter referencing a claim during the renewal process did not satisfy the notice...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

McAfee & Taft

Late notice by petroleum transporter results in insurance coverage denial

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In the matter of Starr Indem. & Liab. Co. v. SGS Petroleum Serv. Corp., Case No. 12-20545 (5th Cir. June 18, 2013), the U.S. Court of Appeals for the Fifth Circuit recently upheld their prior decision in Matador Petroleum...more

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