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Policy Terms Business Litigation

Ward and Smith, P.A.

Risky Business: What Lawyers Who Fight Insurance Companies Want You to Know About Your Business Insurance Portfolio

Ward and Smith, P.A. on

We are attorneys and don’t sell or broker insurance. Yet, we’re writing to alert business owners of a direct threat posed by a “set it and forget it” approach to insurance coverage. Why? Because we see firsthand the damage...more

Butler Weihmuller Katz Craig LLP

North State Deli: A New Outbreak of COVID-19 Litigation?

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

Wiley Rein LLP

Prior Demand for Books and Records Unrelated to Subsequent Arbitration Brought by Same Claimants

Wiley Rein LLP on

Applying Illinois state law, the Appellate Court of Illinois has held that two lawsuits against insureds did not allege Related Wrongful Acts sufficient to render the two lawsuits a single, related claim under the D&O...more

Maynard Nexsen

Decisions Expand Scope of Business Owners’ Policy Exclusion

Maynard Nexsen on

In the age where cling wrap doesn’t cling and “shrinkflation” is a necessary portmanteau, it’s rare to get more. This is especially true for insurers, whose policies are construed against them when ambiguous, and...more

Wiley Rein LLP

Notice Prejudice Rule Applies to Claim Not Reported “As Soon As Practicable” But Within Policy Period

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The United States District Court for the District of Kansas, applying Kansas law, has held that an insurer must show prejudice to deny coverage when an insured provided notice of a claim within the policy’s three-year policy...more

Carlton Fields

Recent Denial of Business Interruption Coverage to Cannabis Manufacturer Highlights Importance of Diving Into the Weeds of...

Carlton Fields on

In Theraplant LLC v. National Fire & Marine Insurance Co., the U.S. District Court for the District of Connecticut denied the insured cannabis cultivator’s claim for business interruption coverage because the insured failed...more

Snell & Wilmer

After the Fire: Assessing Coverage for Lingering Smoke Damage

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Insurance is designed to relieve financial strain and provide peace of mind — a contractual promise that when a catastrophe strikes, a policyholder will receive the financial support to rebuild and recover. Unprecedented...more

Farella Braun + Martel LLP

Judges Wipe Out Business Interruption Policyholders’ First (And Only) COVID Win

Out of the 1,199 (and counting) trial court rulings addressing Covid business interruption lawsuits, only one of them resulted in a victory for the policyholder. Back in 2022, Baylor College of Medicine won $12 million from...more

Coblentz Patch Duffy & Bass

Force Majeure and COVID-19: Can Contracting Parties Avoid Performance or Continue to Require it?

With the COVID-19 pandemic threatening people’s health and wreaking economic havoc in California and worldwide, parties to commercial contracts are asking whether force majeure and the closely related doctrines of commercial...more

Hogan Lovells

A U.S. litigator’s perspective on force majeure

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The COVID-19 viral disease (coronavirus) that has swept into at least 140 countries worldwide and infected more than 200,000 people was officially designated a pandemic by the World Health Organization. In addition to the...more

Seyfarth Shaw LLP

New York Insurance Coverage Under Certain Policies in the Wake of COVID-19

Seyfarth Shaw LLP on

During the ongoing COVID-19 emergency, some may wonder whether they are covered for losses stemming from the pandemic under certain insurance policies. For business or property owners, the most common policies insureds turn...more

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