3/16/20
By: Erin Lamb and Marc Shrake
Both New Jersey and New York have taken steps toward attempting to force coverage of business losses related to COVID-19. In New Jersey, Assembly Majority Leader Louis Greenwald and Assemblyman Roy Reiman have introduced …
Predicting the Sources of Claims arising from Coronavirus and COVID-19
3/13/20
By: Erin Lamb
The worldwide spread of COVID-19 is creating financial difficulties for individuals and businesses affected by illness and cancellations. Based on the evolving data, predictions are being made about the sources of claims under various insurance coverages.
The …
Eleventh Circuit Expands Insurance Coverage Under Commercial Crime Policies
3/10/20
By: Bill Buechner
In a closely-watched case involving the scope of coverage under a commercial crime policy, the Eleventh Circuit issued a decision in December holding that an insurer’s commercial crime policy provided coverage for an all-too-familiar email spoofing scheme …
Pre-Judgment Settlements with the Insured after Claimed Blown Policy Limit Demand
2/20/20
By: Tim Kenna
Every once in a while, an insurer contemplates settlement of the insured’s potential bad faith claim following allegations that a policy limit demand lapsed, and that the insurer is liable for any resulting excess judgment and bad …
Striking a Balance: Motor Carriers, Insurers, and the Innocent Motoring Public
2/17/20
By: Mallory Ball
Some courts are striking a balance where innocent third parties are injured from the negligence of motor carriers by finding coverage despite the terms and conditions of the insurance policy. For example, some insurance policies restrict the …
Consent-To-Settle Clauses Upheld by Massachusetts’ Highest Court
2/13/20
By: Zinnia Khan
The Supreme Judicial Court of Massachusetts (“SJC”) recently issued its highly anticipated decision in Rawan v. Continental Casualty Co. regarding the enforceability of consent-to-settle clauses. The SJC held that consent-to-settle clauses do not violate G.L. c. 176D, …
Watching Where You’re Going – What Drivers should know about Usage-Based Insurance
2/10/20
By: Eric Retter
With the introduction and growth of usage-based automobile insurance (“UBI”), drivers should be aware of the benefits and costs of this new product. Usage-based insurance – sometimes known as pay-per-mile, pay-as-you-drive (“PAYD”) or pay-as-you-go, has introduced a …
Homeowner’s Insurance Coverage: An Issue For Those Who Home-Share?
12/18/19
By: Emily Williams
With home-sharing on the rise, homeowners should know what their insurance policies cover and exclude and, perhaps, update their coverage. A business pursuits/rental exclusion is included in most homeowner’s insurance policies. A common form of this exclusion …
12/16/19
By: Catherine Bednar
Plaintiff Capital Crossing Servicing Company, LLC (“Capital Crossing”), a loan servicing company, filed a lawsuit in Massachusetts against its insurer, Mapfre Praico Insurance Company (“Mapfre”). The lawsuit involves a coverage dispute over property damage claims following Hurricane …
Municipalities Continue Winning at Georgia Court of Appeals
10/31/19
By: Sun Choy and Wes Jackson
Last week the Georgia Court of Appeals issued a favorable ruling for the City of Statesboro that will benefit municipalities (and their insurers) across the state. The decision included two advantageous decisions for municipalities …
Court of Appeals clarifies “Your Work” Exclusion in CGL
10/30/19
By: Robert Bazzo
A frequently litigated issue in the commercial general liability (CGL) policy is the extent and limits of the coverage for contractors under the definition of “Your Work” and related exclusions. Under the insurance laws in most states, …
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 …