Best Practices for Negotiating Manuscript Exclusions
D&O Insurance Myths (Part 2)
Law School Toolbox Podcast Episode 388: Listen and Learn – Policy Exclusions (Evidence)
London’s Nation-State Attack Exclusion: Game Changer For The Cyber Insurance Market or An Opportunity For Competition Within the Market?
Long-Term Effects of Russia/Ukraine on Insurance
Cyberside Chats: There is a war in Europe. What does that mean for your cyber insurance policy?
Out With a Bang: Current State of Play on Coverage for COVID-Related Losses
Wait, are we related? Well, that depends on the facts and circumstances of each Claim
NGE On Demand: Insurance and Indemnity Issues for Family Offices with Angela Elbert
Ledgers and Law: Roadblocks Facing the Cannabis Industry
K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II
Prior & Pending Litigation
A small but growing number of cyber insurers are incorporating language into their policies that specifically addresses risks from artificial intelligence (AI). The June 2025 issue of The Betterley Report’s Cyber/Privacy...more
The hallmark of a claims-made liability policy is coverage exclusively for claims “first made” during the policy period, thus limiting the insurer’s risk to new claims asserted against the policyholder during a finite time...more
Civil-authority “stay-at-home” orders issued in the wake of the COVID-19 pandemic were just one layer of the outbreak’s sweeping impact on people and businesses worldwide. The pandemic has resurfaced in North Carolina in...more
Bob Robison Com. Flooring Inc. v. RLI Ins. Co., 2025 U.S. App. LEXIS 6369 (8th Cir., Mar. 19, 2025) - Eighth Circuit, predicting Arkansas law, concludes that an ensuing loss exception to a “Defects, Errors, Or Omissions”...more
A Delaware court recently found for the policyholders in determining that a directors and officers (D&O) liability policy covered the settlement of an underlying action alleging violations of the Securities Exchange Act of...more
Steven Hix and G. Benjamin Milam of Bradley discuss a pair of recent North Carolina Supreme Court rulings on coverage for pandemic-related losses, one of which gave policyholders a rare win. On December 13, the North...more
The insured owned premises located in Huntington Station, NY. The Claimant was allegedly injured when she slipped and fell at the premises. The Claimant sued the insured and the insured sought coverage under her homeowners...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
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
Insurers often try to withhold, or at least minimize, coverage by taking the position that a policyholder has failed to keep the insurer sufficiently informed throughout the defense of an underlying matter or has failed to...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
As global threats evolve, so does the question of what constitutes a ‘war’ risk under a standard property insurance policy, and how this might impact coverage. Historically, a war was a physical conflict between two or...more
Welcome to The Zelle Lonestar Lowdown, our monthly newsletter bringing you relevant and up-to-date news concerning Texas first-party property insurance law. Inside this Issue: - Todd Tippett’s Top Ten Consultants an...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
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
In December 2020, Plaintiff Erin Hughes applied for homeowners coverage for her Malibu home with her Farmers’ insurance agent. Hughes obtained a fire policy through the California FAIR Plan and a homeowners policy through...more
The United States Court of Appeals for the Tenth Circuit, applying Kansas law, has held that a D&O insurer was obligated to reimburse defense costs where a policy expressly covered antitrust claims but excluded coverage for...more
In June 2024, the Delaware Superior Court granted a motion for summary judgment, requiring an insurance company to defend and indemnify the plaintiff in regard to underlying litigation. In doing so, the court issued a...more
The United States District Court for the District of New Hampshire, applying California law, considered several exclusions under a directors and officers liability policy as applied to a violation of the California Franchise...more
The good news for insurance buyers is that the North Atlantic Hurricane season has not significantly impacted property rates or coverage, and rates are continuing the trend of decreases that we noted in our last update....more
Applying New York state law, the United States District Court for the Northern District of New York held that a professional liability insurer had waived its rescission claims by failing to request additional explanations for...more
After several hurricanes, a church submitted a first-party property claim. The church also had pending coverage litigation from prior tornado damage. On October 12, 2020, the independent adjuster (IA) inspected and...more
Security First Insurance Company v. Linda Visca and Silvio Visca, No. 4D2023-0961, June 5, 2024 - On February 20, 2020, the defendant was notified of the plaintiffs’ September 10, 2017, Hurricane Irma claim. The policy stated...more
Applying Washington state law, the United States District Court for the Western District of Washington has held that an insurer had a duty to defend a demand for payment under a vendor invoice for usage fees incurred due to...more