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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 -
Zelle LLP

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

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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

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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

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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

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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...

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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

Zelle LLP

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

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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

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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

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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

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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

Wiley Rein LLP

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

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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

Carlton Fields

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

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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

Adams & Reese

Risky Business – Making Indemnities Work

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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

Katten Muchin Rosenman LLP

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

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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

Law Matters

Today’s Insurance Defense Concerns Amid Hurricane Season – Q&A with Hope C. Zelinger

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We recently asked Miami-based attorney Hope C. Zelinger about the myriad issues related to natural disaster insurance claims and how to uncover fraudulent claims....more

A&O Shearman

Insurance disputes and jurisdiction clauses

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In a tower of insurance policies where the primary policy did not contain a choice of law or jurisdiction clause, a clause in the excess policies that purported to follow the choice of law and jurisdiction in the primary...more

Farella Braun + Martel LLP

Continuing Use of CGL Policies to Cover Data Breach Losses

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Our lives and the products and devices we use become more dependent on data by the day. As a result, cyberattacks and data breaches present everchanging risks to companies and individuals, and the importance of applicable...more

Hinshaw & Culbertson - Insights for Insurers

Part Seven: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

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This is the seventh and final installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Some key decisions impacting the D&O and securities law...more

Lowenstein Sandler LLP

Subrogation Actions Following Ransomware Claims: What Policyholders Should Expect in the Ever-Changing Cyber Insurance Market

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Ransomware attacks continue to challenge U.S. companies, with cybercriminals now routinely extorting companies for multimillion-dollar payouts. A company that experiences an attack will likely seek coverage under its cyber...more

Zelle LLP

COVID Rulings May Support Ransomware Insurance Denials

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Ransomware attacks were already on the rise prior to the COVID-19 pandemic, but the prevalence of such cyberattacks substantially increased during the pandemic due, in part, to additional security risks associated with the...more

Burr & Forman

Uphill Battle Awaits COVID-19 Business Insurance Claimants as the Debate Moves up to Appellate Courts

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A majority of trial courts adjudicating COVID-related property insurance coverage lawsuits have found that coverage is not triggered absent direct physical loss or property damage. ...more

Epstein Becker & Green

COVID-19 Business Interruption Insurance Litigation – One Year Later

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As we have written here previously, businesses across the country have brought lawsuits against their insurers seeking coverage for losses related to COVID-19. According to the COVID Coverage Litigation Tracker at the...more

American Conference Institute (ACI)

[Virtual Event] Employment Practices Liability Insurance - January 26th - 28th, 10:15 am - 4:15 pm EST

American Conference Institute (ACI) on

29th Annual Employment Practices Liability Insurance - ACI’s 29th Annual Employment Practices Liability Insurance conference returns on January 26-28, 2021 in an interactive, virtual format! This yearly conference is the...more

King & Spalding

Federal Court in Maryland Holds Property Insurer Must Provide Coverage for Ransomware Attack

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Cyber insurance policies are typically a company’s first line of defense following a cybersecurity event, but a recent decision from a federal court in Maryland illustrates why businesses should always look for cyber coverage...more

Hinshaw & Culbertson LLP

Court Rejects Coverage for Phishing Loss Under Financial Institutions Bond, Calls for More Briefing on Computer Systems Fraud...

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A New Jersey federal district court held last week that losses arising out of a phishing scam were not covered under a bank's Financial Institutions Bond. In Crown Bank JJR Holding Co. v. Great Am. Ins. Co., 2020 U.S. Dist....more

Zelle LLP

Conflicts in Circuits’ Approach to Email Scams Hold Lessons

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With unprecedented activity online, cybercrime is growing in frequency, sophistication and aggregate effect. Despite the increased visibility of cybercrime, cybersecurity continues to lag behind this curve. Cybercriminals...more

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