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Carlton Fields

Square Peg, Round Hole: 6th Circuit Affirms Finding That Cyber Claims Are Not Covered by CGL Policies

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In Home Depot Inc. v. Steadfast Insurance Co., Home Depot learned the hard way a rule every DIY enthusiast knows: measure twice, cut once. It appears Home Depot’s measurements were off when it sized up its insurance needs,...more

Rivkin Radler LLP

September 2024 Insurance Update

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In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of...more

Lowenstein Sandler LLP

3M Must Engage in a “Pointless Formality” to Satisfy Retention: The Importance of Avoiding Non-Market Language in CGL Policies

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Today on “Don’t Take No for an Answer,” Eric Jesse and Alexander B. Corson discuss Aearo Technologies v. ACE American, in which a Delaware court held 3M could not credit $372 million it paid in defense costs against...more

Lowenstein Sandler LLP

Stitching the Patchwork Quilt: Navigating Policy Coordination and Exclusions in D&O Insurance

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In this episode of “Don’t Take No for an Answer,” Lynda A. Bennett and Alexander B. Corson of Lowenstein’s Insurance Recovery Group examine a recent California Appellate Court decision that underscores the necessity of...more

Zelle  LLP

The Doctrine of Prevention is not an Avenue to Avoid Repairs

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Most insurance policies contain conditions precedent, which premise coverage upon an insured’s actions. “As a general rule, if a contract expressly conditions the duty to perform upon the occurrence of a specified event, the...more

Lowenstein Sandler LLP

D&O Insurance Myths (Part 2)

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Eric Jesse from Lowenstein Sandler's Insurance Recovery Group punctures a few more D&O insurance myths, including “all insurers are alike” and “D&O policies are non-negotiable.” Speakers: Eric Jesse, Partner, Insurance...more

Lowenstein Sandler LLP

Priority of Coverage: Debunking “Other Insurance” Myths

Today on “Don't Take No For An Answer,” host Lynda A. Bennett is joined by Alexander B. Corson for a discussion about priority of coverage, or who pays what when there are numerous claims, parties, and policies at play. As...more

Lowenstein Sandler LLP

Sometimes You Have To Sweat The Small Stuff: Technicality Renders $10M Excess Policy Valueless

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Hosts Lynda A. Bennett and Eric Jesse of Lowenstein Sandler discuss how to access a tower of insurance coverage in light of the recent decision in Pharmacia Corporation v. Arch Specialty Insurance Company, where an...more

Quarles & Brady LLP

Wisconsin Case Law Year in Review 2023

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5 Walworth clarifies an issue that had become muddled since the Wisconsin Supreme Court’s 2016 decision in Wisconsin Pharmacal Co. v. Nebraska Cultures of California. Namely, 5 Walworth overturns Pharmacal’s introduction of...more

Lowenstein Sandler LLP

“Keeping Track” of Your Cyber (and Other) Coverage Part II

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On this episode of Don't Take No for An Answer, host, Lynda A. Bennett, Partner and Chair of Lowenstein’s Insurance Recovery Group, is joined by David Anderson, Vice President, Cyber Liability at Woodruff Sawyer, and Heather...more

Lowenstein Sandler LLP

Don’t Cash that Refund Check! How to Challenge Insurance Rescission

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On this episode of “Don’t Take No for an Answer,” Lynda A. Bennett and Eric Jesse explain the policy procurement process, highlighting a disturbing trend they have observed lately where insurers attempt to rescind policies...more

White and Williams LLP

Ohio Court Refuses to Annualize Multi-Year Policies’ Per Occurrence Limits

White and Williams recently obtained summary judgment against an insured on behalf of an insurer and a guarantor, establishing that two multi-year insurance policies provide per occurrence limits on a per policy rather than a...more

Woodruff Sawyer

Placing D&O Insurance in Russia

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In our work with multinational corporations, we routinely place insurance programs with locally admitted policies around the world, including Russia. However, on March 15, 2022, Vladimir Putin signed a law prohibiting...more

Stark & Stark

Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey to Specify Coverage For “Faulty...

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Assemblyman Gary S. Schaer of New Jersey’s 36th District introduced a proposed bill, A.B. 1075, that would require all commercial liability insurance policies issued in New Jersey to include “faulty workmanship” within the...more

Ervin Cohen & Jessup LLP

Liability Insurance Coverage: Basic Principles

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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

Eversheds Sutherland (US) LLP

Legal and Regulatory Developments - Business Interruption Insurance for COVID-19 Related Losses

As the COVID-19 pandemic continues to have significant economic consequences in the US, a key issue for insurers and businesses throughout the country will be whether all or a portion of losses may be covered by insurance....more

Lowndes

Don’t Expect Commercial General Liability Insurance Policies to Protect Against Cyber Breach or Crime

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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

Butler Snow LLP

More “Additional Insured” heartache

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We’ve chronicled some of the ways in which an “Additional Insured” can be disappointed. The most recent is from Pennsylvania, where the United States District Court Judge agreed with the Magistrate that the Additional...more

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