Breaking Down Bad Faith: Insurers’ Good Faith Duties and Defending Bad Faith Claims
JONES DAY PRESENTS®: Insurance Implications of the California Consumer Privacy Act
It’s the time of year every boat owner looks forward to — getting their prized possession in the water and prepping it for the season ahead. But, aside from the cleaning and equipment checks, it is also important to regularly...more
Kennedys partners Jared Greisman, Aaron Konstam, Louis Kozloff and Colin Willmott will be presenting a webinar on understanding business income claims on May 1, 2025. The webinar will survey key contours of business income...more
Well-established law requires that an insured be made whole before recoveries benefit an insurer. When an insured’s losses exceed policy limits, any additional recovery made by the insured should inure to the benefit of the...more
The first two papers in this series—Handling Business Income Loss During Hurricane Season and Projecting Revenues for Business Income Losses During the Pandemic—largely emphasized impacts from the pandemic and the resulting...more
In recent years, the number of insurers offering M&A insurance (known as warranty and indemnity (W&I) insurance) in Asia has doubled. This is ushering in a new era for risk allocation in M&A that is more favorable to buyers...more
On June 3, 2023, Nevada Gov. Joe Lombardo signed into law AB 398 (the Act) which modifies the Nevada insurance code by restricting the types of liability policies that can be offered in the state. The End of Eroding Limits...more
In recent years, the use of representations and warranties insurance (RWI) in mergers and acquisitions (M&A) transactions has experienced dramatic growth worldwide. Consequently, deal participants in Latin America are showing...more
The New York State Senate Rules Committee recently approved Senate Bill S7882, and that amended bill is now waiting for formal presentation to both the Senate and the Assembly. If passed and signed by Governor Hochul, the...more
On December 31, 2021, New York Governor Kathy Hochul signed the Comprehensive Insurance Disclosure Act (the Act). The Act amends CPLR 3101(f) and was ostensibly implemented to combat "delaying tactics" by defense counsel and...more
Insurance policies generally have different policy limits depending on the number of “occurrences.” For example, the amount of money recoverable under an insurance policy may be $5 million per occurrence with a $20 million...more
California law generally requires that an insurer reject a reasonable settlement demand within the policy limits before it can be liable for a bad faith failure to settle. See Samson v. Transamerica Ins. Co., 30 Cal.3d 220,...more
In Knickerbocker Village Inc. v. Lexington Insurance Co., New York’s Appellate Division, First Judicial Department, dictated a clear rule for single-insured cases regarding the discovery of an insurer’s treatment of insurance...more
Every policyholder will likely face a scenario where its primary insurer refuses a settlement offer within limits. The primary insurer is potentially liable for that excess verdict if it acted in bad faith by refusing to...more
Jones Day Insurance Recovery partner Rich DeNatale talks about insurance implications for clients subject to the California Consumer Privacy Act ("CCPA"), including policy limits and coverage for statutory damages. The CCPA...more
Cozen O’Connor attorneys Thomas McKay III, Richard Mackowsky, Charles Jesuit, and Melissa Brill recently secured summary judgment from the United States District Court for the Eastern District of New York in favor of Great...more
Many in-house attorneys and risk managers follow the same ritual each year when renewing their company’s insurance policies: they look at a few insurance proposals, compare premiums, and then put their renewal policies in a...more
Food and beverage recalls, regardless of the reason, continue to proliferate in the news cycle. At the end of May General Mills issued a recall of 10 million pounds of flour due to a potential link to an outbreak of E. coli...more