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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

Jenner & Block

Seventh Circuit Decision Sends Warning to "Claims Made" D&O Insurance Policyholders

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The U.S. Court of Appeals for the Seventh Circuit in Hanover Ins. Co. v. R.W. Dunteman Co., 2022 WL 13769371, --- F.4th --- (7th Cir. Oct. 24, 2022), recently interpreted Illinois law on the aggregation provisions in a claims...more

Winthrop & Weinstine, P.A.

Eighth Circuit Reinforces Trend Denying Insurance Coverage for COVID-related Loss

In the wake of COVID-19 and governmental closure orders, many businesses were forced to temporarily suspend their operations. Consequently, many consumer-facing businesses lost out on a significant source of income. As...more

Cozen O'Connor

Fifth Circuit Finds Potential Coverage for Data Breach; Interprets “Publication” Broadly

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Using general contract interpretation principles, the Fifth Circuit reversed summary judgment in favor of an insurer and found a duty to defend Landry’s in a data breach lawsuit. Landry’s Inc. v. The Insurance Company of the...more

Chambliss, Bahner & Stophel, P.C.

Protecting Your Business from Liability for COVID-19 Transmission

As businesses continue to evaluate current operations and how they will modify them as shelter-in-place orders are lifted and employees and customers return, it is important for each business to anticipate potential COVID-19...more

Buchalter

Buchalter Client Alert COVID-19: Opposite Sides of the Table: Restaurants Seek Recovery From Insurers for Business Interruption in...

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As COVID-19 cases have continued to spread across the country resulting in government-issued “shelter in place” orders, few industries have felt the impact as swiftly and deeply as the restaurant industry. Indeed, such...more

White and Williams LLP

CGL Coverage and Coronavirus: Is Causing Exposure an “Occurrence”?

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There is only one thing that can be said for sure about the extent of consequences — human and economic — of the new coronavirus outbreak. Nobody knows. But, as things stand now, minor, and even moderate, have left the barn. ...more

Pillsbury - Policyholder Pulse blog

Coronavirus Update – Are You Covered?

In January, we were among the first to post on the insurance implications of coronavirus. Since then, the epidemic has landed on our shores, dragged down the stock market, and become a political football. It has affected...more

Hinshaw & Culbertson LLP

Insurers Take Steps to Reduce Silent Cyber Exposure

As cyber risks continue to proliferate, issues concerning coverage for those exposures under non-cyber or "traditional" property and casualty policies are creating uncertainty for both the insurance industry and for...more

White and Williams LLP

Delaware Supreme Court Applies Plain Meaning of Insurance Policy Language to Reverse $48 Million Defense Cost Award

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An unbroken sequence of Delaware trial court decisions have reflected strong pro-policyholder leaning in insurance cases in furtherance of the state’s pro-business model. Following the most recent of these pro-policyholder...more

Troutman Pepper Locke

Santa Hurries Down CGL Carriers’ Chimneys – Court Finds Drones are Aircraft and Excluded in Important New Coverage Decision

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In what is believed to be a first-of-its-kind decision, the U.S. District Court for the Central District of California recently issued an opinion denying coverage for a personal injury lawsuit against a drone operator based...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

Farella Braun + Martel LLP

Florida Court Finds No CGL Coverage For Data Breach Claim

A federal district court in Florida has ruled that a claim against a policyholder arising out of a hacker’s theft of confidential credit card information was not covered under a commercial general liability (CGL) policy. St....more

Pillsbury - Policyholder Pulse blog

Check Under the Hood: Optimize Your Insurance Coverage with an Attorney Review of Your Policies before Renewal

When you’re buying a new car, you rely on a good salesperson to impress you with all of its features and gadgets. But when it’s time for maintenance, or when something goes wrong, you don’t go back to that salesperson to look...more

Blank Rome LLP

CGL Coverage for Cyber Data Breaches: Court Finds No Coverage unless the Policyholder Itself Publishes the Private Information

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As cybersecurity incidents continue to mount and as the issue of data security becomes increasingly important and a source of potential liability, companies should consider whether their standard commercial general liability...more

Carlton Fields

CGL Policies And Data Breaches: No Publication, No Coverage

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As cyber hacking and phishing schemes become more common, one issue that is often raised is whether, and to what extent, damages resulting from these incidents fall within the coverage afforded under a standard commercial...more

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