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Suit Limitations Provisions and the Coronavirus Pandemic Anniversary: Keeping Coverage
March 04, 2021 | Case Law Analysis
As the anniversary date of the nation's introduction and response to COVID-19 approaches, insureds should examine business interruption coverage and determine whether a 12-month suit limitations provision applies.
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Court Rules Insurer Cannot Recoup Defense Costs from Insured
March 04, 2021 | Case Law Analysis
The New York court found that the insured's policy lacked certain provisions to permit the recovery of such costs and fees.
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'Shutdown Orders Do Impose a Physical Limit': Why a Federal Judge Allowed BI Cases to Proceed
March 02, 2021 | Case Law Analysis
The detailed opinion focused largely on two key elements found in the relevant policy language issued by Society Insurance: causation and the meaning of "direct physical loss" as applied to the plaintiff businesses that saw their business and profits crater as the coronavirus took grip.
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Bar Owner's Legal Mal Suit Over Insurance Coverage Advice, Rejected
March 02, 2021 | Case Law Analysis
The court wrote that "because the calculation of plaintiff's damages [linked to any legal malpractice] would rely on gross speculations about future events ... plaintiff cannot prove that defendant's malpractice, if any, proximately caused those damages."
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Insurer Not Obligated to Pay in Phishing Scheme
March 02, 2021 | Case Law Analysis
The court found that the insured did not hold the funds that were diverted, so the insurers were not on the hook for coverage.
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Two Recent Rulings on Insurance Coverage for Ransomware Attacks
February 26, 2021 | Case Law Analysis
Two recent cases highlight issues that every New York business should consider in evaluating coverage under crime policies for cyber crime and cyber risks.
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Insurance Coverage for Violations of Biometric Privacy Acts
February 26, 2021 | Case Law Analysis|Legislative/Regulatory Developments
As companies reeled from BIPA liability, they turned to their insurance for redress, only to be met by a solid wall of coverage denials. But insurance coverage for BIPA liability may exist under several different types of policies: general liability; directors' and officers'; employment practices; and cyber.
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Superior Court: Verizon Can Recoup $24M in Defense Costs From Insurer
February 26, 2021 | Case Law Analysis
Superior Court Judge Eric M. Davis applied a broader definition of the insurance contract term "securities claim" that required coverage in a case over a challenge to a corporate spinoff and merger that was funded by debt instruments.
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Maine High Court Finds No Advance Notice of Cancellation
February 25, 2021 | Case Law Analysis
A $15 million reminder to insurers to make sure the insured is fully informed of a policy cancelation.
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Ruling: Representative Can Be In Attendance for Entire Medical Examination
February 25, 2021 | Case Law Analysis
Judge Paige Rosini determined on a joint motion for neuropsychological examination, that a representative may be present during the entirety of the exam.
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