To Be An Advertising Injury, Or Not To Be: That Is The Question
10/29/19
By: Michael Weinberg
The benefits of advertising injury coverage in the standard CGL policy (the “Policy”) are welcomed by many insureds. After all, marketing and advertising are important to most if not all businesses. Under the Policy, coverage is afforded …
What You Don’t Know Can Hurt You: The Enforceability of Long-Term Leak Exclusions
10/24/19
By: Anastasia Osbrink
My family and I recently arrived home one evening to discover our laminate floors warm to the touch and pushing up at the seams. A friend who was visiting asked if we had heated floors. Heated floors? …
Consent-to-Settle Clauses Under Review in Massachusetts
9/30/19
By: David Slocum
Earlier this month, the Massachusetts Supreme Judicial Court (the SJC), the state’s highest court, heard oral argument in a case which presents the question whether consent-to-settle clauses typical to most professional malpractice insurance policies should be deemed …
More Money Can Mean More Problems: The Evolution of Coverage for Cryptocurrency
9/20/19
By: Danny Walsh and Isis Miranda
Businesses, governments, and non-profits across the globe are implementing projects that leverage blockchain, a digital ledger technology, to improve their operations.
Cryptocurrency is one of the more controversial uses of blockchain technology. Although Bitcoin …
Investors’ Life Insurance ‘Gamble’ Busts out in NJ Courts
9/19/19
By: Justin Boron
To take out insurance, you almost always need an “an insurable interest” in the risk being insured, such as a financial interest in a home or a car. It’s what prevents strangers to the risk from betting …
The Complications of Sub-limits in High Exposure Cases
8/16/19
By: Phil Savrin
Insurance coverage is essentially the transfer of risks to insurers who have pooled assets through payment of premium to cover liabilities that may arise to the insureds. As the exposures rise in value, the cost of coverage …
Could Facebook’s $5 Billion FTC Fine for Privacy Violations be Covered by Cyber Insurance?
8/14/19
By: Isis Miranda
A similar question was posed to me recently at a conference where I was speaking about the GDPR (European General Data Protection Regulation): “Could my company just buy insurance instead of worrying about whether our China-based venders …
To Everything There Is A Season – And A Causation Analysis
8/14/19
By: Marc Shrake
Late last week the National Oceanic and Atmospheric Administration (NOAA) issued its annual mid-season update to the 2019 Atlantic hurricane outlook (https://www.noaa.gov/media-release/noaa-increases-chance-for-above-normal-hurricane-season). The NOAA upped its prediction to 5-9 hurricanes, which are expected to develop …
From the Windows to the Walls: California Homeowners Consider Earthquake Coverage
8/12/19
By: Kristin Ingulsrud
Californians witnessed a series of earthquakes over the recent Fourth of July Weekend, prompting a ten-fold increase in visits to the California Earthquake Authority’s (“CEA”) website.
The CEA is California’s primary earthquake insurer, created after the devasting …
Increasing Suits to Avoid Arbitrator Administrator Selection Clauses in California UIM Arbitration and Possible Responses
7/11/19
By: Timothy Kenna
Many automobile insurance policies designate an Arbitration Administrator to conduct UIM arbitrations under their rules. Increasingly counsel for the insured are seeking to avoid arbitration under the rules of the selected Administrator arguing that there is an …
Kentucky Court of Appeals Reminds Plaintiffs They Bear a "Tall Burden" in Proving Bad Faith
6/26/19
By: Barry Miller
A Kentucky Court of Appeals decision adopted a federal court’s observation that Kentucky bad faith decisions fall into two broad categories. One category reflects “a more expansive approach to a finding of bad faith,” analyzing facts where …
Third Circuit Rules Against the City of Williamsport in Lawsuit Filed Against Insurance Companies Based on Law Enforcement Policy Coverage
6/14/19
By: Michelle Yee
In 2015, there was major news coverage that a former Williamsport police officer pled guilty to involuntary manslaughter and several other charges. This case stems from a fatal automobile accident that occurred between James David Robinson and …