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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Potomac Law Group, PLLC

Cybercriminals Hit Your Inbox—Now What? Recovering Funds After Business Email Compromise and Fraud Schemes

The global cyber scam industry is a multi-billion dollar racket run by crime syndicates who often operate through massive compounds known as “scam farms” in far flung locations.  On our shores, many businesses fall prey to...more

Zelle  LLP

AI Update: Chatbot Errors? – There’s a Policy for That!

Zelle LLP on

In a remarkable development revealing the increasing integration of Artificial Intelligence into business operations, insurers at Lloyd’s of London have launched focused coverage for losses caused by artificial intelligence...more

Zelle  LLP

Concurrent Causation is Key – Fifth Circuit Holds Insured to its Causative Burden

Zelle LLP on

The United States Fifth Circuit Court of Appeals recently affirmed summary judgment granted by the bankruptcy court in favor of commercial property insurer in a Winter Storm Uri claim, holding that the insured motel owners...more

Zelle  LLP

Any is Not All and The Future is Not Now: The Contours of the Cosmetic Damage Exclusion Taking Shape

Zelle LLP on

In Iyengar v. Liberty Insurance Corporation, No. SA-21-CV-1091-FB, 2024 WL 5505300 (W.D. Tex. Dec. 13, 2024), District Judge Biery denied Plaintiffs’ Motion for Clarification regarding Magistrate Judge Bemporad’s...more

Pillsbury - Policyholder Pulse blog

The Latest on PFAS: What Policyholders Need to Know Now

We have previously written on the evolving risks associated with PFAS—also known as “forever chemicals”—and their implications for policyholders navigating environmental liabilities involving both PFAS and PFAS-related...more

Zelle  LLP

The LA Fires Contingent Business Interruption Coverage Considerations

Zelle LLP on

The Los Angeles area fires that started in early January have destroyed thousands of homes and businesses throughout the region. The fires triggered ongoing evacuation orders and warnings as communities coped with dangerous...more

McGuireWoods LLP

North Carolina Supreme Court Unlocks the Door to COVID-19 Business Interruption Coverage, Holding that Pandemic-Era Restrictions...

McGuireWoods LLP on

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

Hinshaw & Culbertson - Insights for Insurers

[Commentary] An Updated Primer on PFAS/Forever Chemical Claims: Regulation, Litigation, Large Losses, and Insurance Coverage...

Per- and poly-fluoroalkyl substances ("PFAS") represent major exposures to insurers and their policyholders. Thousands of lawsuits are pending nationwide, and numerous large settlements have already been reached. Insurers are...more

Zelle  LLP

Texas Department of Insurance Approves ZestyAI’s Severe Convective Storm Models

Zelle LLP on

Severe Convective Storms (“SCS”) are one of the most common and most damaging natural catastrophes in the United States. SCSs are intense atmospheric disturbances that can cause powerful winds, large hail, heavy rainfall, and...more

Zelle  LLP

Cade v. State Farm Lloyds — Insured's Failure to Comply with Policy Conditions Bars Personal Property Claims

Zelle LLP on

In PAJ, Inc. v. Hanover Ins. Co., the Texas Supreme Court set forth the “notice-prejudice rule,” which states that unless an insurer was prejudiced by an insured’s delay in giving timely notice of its claim or suit, an...more

Hinshaw & Culbertson LLP

How the 2024 U.S. Election Results Will Impact Insurers: A First Attempt at Reading the Tea Leaves

Hinshaw & Culbertson LLP on

The results of the November 5, 2024, election in the United States will almost certainly have profound consequences within the country and across the globe. The election will surely impact policyholder exposures, insurer...more

Wiley Rein LLP

Contract Exclusion Not Applicable Based on Asset Management Services Carveout

Wiley Rein LLP on

The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that a contract exclusion did not bar defense cost coverage for a lawsuit against a private equity firm alleging,...more

Pillsbury - Policyholder Pulse blog

Hurricanes Helene and Milton: Insurance Implications

Hurricane Helene struck Florida’s Big Bend region as a category 4 hurricane on September 25, 2024, and continued to move northeast. The storm caused widespread power outages and catastrophic damage across Florida, the...more

K&L Gates LLP

CrowdStrike IT Outage: Wave of Business Interruption Claims Expected

K&L Gates LLP on

Businesses, public services, and computer users across the world faced disruption as a result of the major CrowdStrike information technology (IT) outage, which is being coined by many as one of the largest and worst cyber...more

Wiley Rein LLP

Exclusion for Disclosure of “Confidential or Personal Information” Bars Coverage for BIPA Claim Involving Collection and...

Wiley Rein LLP on

The United States Court of Appeals for the Seventh Circuit, applying Illinois law, has held that an exclusion for claims arising out of any access to or disclosure of any person’s “confidential or personal information” bars...more

Esquire Deposition Solutions, LLC

Stemming Losses That Go Uncovered by Cyber Insurance

Twenty years ago the federal government designated October as Cybersecurity Awareness Month, part of an early effort to promote a wider appreciation of computer-related threats to business and government operations and to...more

Cadwalader, Wickersham & Taft LLP

Association Of British Insurers Releases Guidance for Members on Taking Action Against Nature and Biodiversity Loss

The Association of British Insurers published guidance (the Action on Nature Guide) setting out what insurers and long-term savings providers can do to help prevent biodiversity loss in the UK and become more “nature...more

Kohrman Jackson & Krantz LLP

Coverage Challenges in Ransomware Claims: Cyber Insurance Policies and Trends in Denials

A consistent pattern emerges in data breach and cyber-attack cases when companies turn to their insurers for coverage after such incidents. Whether they possess specialized cyber insurance or not, insurers often decline...more

Morgan Lewis

Legal Considerations for WHO’s ‘Possibly Carcinogenic’ Aspartame Classification

Morgan Lewis on

On July 14, 2023, the World Health Organization (WHO) published a summary of two findings regarding aspartame, an artificial sweetener found in many consumer products. One finding categorized aspartame as “possibly...more

Carlton Fields

7th Cir. Holds Insurance Coverage Applies to Settlement Payments for Alleged Anti-Kickback and False Claims Act Violations

Carlton Fields on

On May 3, 2023, the Seventh Circuit Court of Appeals, in Astellas US Holding Inc. v. Federal Insurance Co., held that a liability insurer was required to contribute its limits toward its insured’s payment to settle potential...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - May 2023

Supreme Court Hears Argument on Traceability Requirement in Circuit-Split Slack v. Pirani - Key Points - - Before the end of June, the U.S. Supreme Court is expected to issue a decision in a high-profile securities case...more

Adams & Reese

Risky Business – Making Indemnities Work

Adams & Reese on

Businesses and individuals enter into indemnification or hold harmless agreements to protect one party of the transaction from the risks or liabilities created by the other party of the transaction. To defray the costs in...more

Jones Day

Four Ways to Protect Your Cyber Insurance in Today’s Challenging Market

Jones Day on

In Short: The Situation: The cyber insurance market is experiencing a major retrenchment, with insurers seeking to limit their exposure in a variety of ways....more

McGuireWoods LLP

Ohio Supreme Court Holds that Insurance Policy Does Not Cover Ransomware Attack on Software

McGuireWoods LLP on

In a unanimous decision, the Ohio Supreme Court found that appellee EMOI Services, LLC’s (“EMOI”) businessowners insurance policy does not cover losses resulting from a ransomware attack on EMOI’s computer software systems....more

Katten Muchin Rosenman LLP

Leased Aircraft Stranded in Russia: A Survey of the Pending Insurance Claim Litigation in Different Jurisdictions

Key Points - - Insurance companies are bracing themselves for years of legal disputes over liability for total losses claimed by lessors to aircraft stranded in Russia as a result of sanctions over Russia's invasion of...more

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