Out With a Bang: Current State of Play on Coverage for COVID-Related Losses
The Calm Before and After the Storm: How to Maximize Insurance Recovery for Catastrophic Weather Events
Protect Your Construction Project: Top 10 Insurance Provisions to Know
Filing Insurance Claims After the Texas Winter Storm
Subro Sense - The ABC's of RCV and ACV
K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II
What Money Damages Are Available In A Personal Injury Claim?
A policyholder's ability to assign its rights to insurance proceeds can be an effective tool of risk mitigation. However, insurance policies often incorporate assignment clauses, which require policyholders to obtain their...more
As of January 13, Southern California’s ongoing wildfires have reportedly destroyed more than 12,000 structures. Insured loss estimates exceed $25 billion, and the strong Santa Ana winds fanning the blazes are expected to...more
In a case of first impression in Massachusetts, Lessard v. R.C. Havens & Sons, Inc., 104 Mass. App. Ct. 572 (2024), the Appellate Court confirmed that construction defects, without more, do not constitute property damage...more
Key Insurance Types for Construction - Construction projects often involve numerous risks, but various insurance policies are designed to mitigate these....more
After almost two years' deliberation, the First Circuit last week issued its long-awaited decision in Admiral Ins. Co. v. Tocci Bldg. Corp.: affirming on other grounds, and leaving in place a district court decision that...more
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
What You Need To Know In A Minute Or Less - Storms and hurricanes, isolated but powerful tornados, earthquakes, fires, and floods—the question is not whether, but where and when policyholders will confront the next natural...more
Should a contractor’s Commercial General Liability (CGL) insurance policy cover the expense of uncovering defective work causing damage to the owner’s property as well as the costs of exposing or accessing damaged building...more
The Connecticut Appellate Court recently provided guidance on what does not constitute property damage under a typical contractor’s Commercial General Liability (CGL) insurance policy in Westchester Modular Homes of Fairfield...more
The Florida Supreme Court ruled that PIP (Personal Injury Protection) insurers may pay 80% of a charge submitted by a provider, even when that reimbursement amount is less than the amount that would be reimbursable under the...more
Our February 2023 post “The Commercial Division Rejects Yet Another Insured’s Claim for Coverage for Covid-Related Revenues Losses” left readers wondering whether the New York Court of Appeals would uphold the First...more
In this month’s insurance update, we address: •Whether opioid suits allege an occurrence - •Whether the recurring presence of wild turkeys is “infestation” - •Whether improper copying of an industry publication was in...more
Our December Insurance Update features a few firsts from state high courts. For the first time: •The Supreme Court of Hawaii addresses reimbursement of defense costs. •The Supreme Court of Illinois addresses coverage for...more
The Illinois Supreme Court recently upended decades of Illinois caselaw regarding coverage under commercial general liability (CGL) policies, aligning Illinois with most states on the issue. On November 30, 2023, the Illinois...more
On this episode of Terra Firma: Conversations on Commercial Real Estate, attorneys Stacey Tyler and Stephen Tanico discuss the intersection of insurance and real estate law with Lynda A. Bennett, chair of Lowenstein's...more
In a September 22, 2022 decision, the U.S. District Court for the Southern District of New York held a commercial general liability policy’s war and financial services exclusions barred coverage for a suit arising out of the...more
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
A recent Supreme Court decision, High Country Paving, Inc. v. United Fire & Cas. Co., 2022 MT 72, ¶ 1, answered in the negative a question certified by a federal district court regarding tensions inherent in Montana’s...more
Civil Unrest, Riots, And Strikes - This is the fourth installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Many commentators have...more
The United States Court of Appeals for the Fifth Circuit recently confirmed that liability insurers have a duty to defend their insureds in construction defect cases when the underlying complaint alleges damage to property...more
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
We bring you our November Insurance Update. Here’s what happened over the past month. Insurers scored a hat trick before the Ninth Circuit, as the court found no coverage for pandemic-related business interruption...more
In Santo’s Italian Café v. Acuity Ins. Co., __ F.4th __, 2021 WL 4304607 (6th Cir. September 22, 2021), the Sixth Circuit held that the phrase “direct physical loss of or damage to” property requires some tangible alteration...more
Severe weather events are causing catastrophic damage and business interruption losses to businesses each year around the world. The energy industry is particularly vulnerable, including entities in the exploration,...more
Presented by Jonathan A. Cass on April 27, 2021. Construction projects are dangerous places—people get hurt and property gets damaged. Whether you are a general contractor, a construction manager, or a subcontractor, it is...more