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Insurer’s Claim File in the Crossfire of Discovery

Jonathan Meer of Wilson Elser Moskowitz Edelman & Dicker analyze the tension regarding a New York litigant’s right to the free flow of information in the discovery process and the notion that an insurer’s claim file is conditionally immune from discovery.

Theft and Severe Weather: a Storm for Marine Cargo Insurance

Joshua Gold and Carrie Maylor DiCanio of Anderson Kill write that weather and heists accomplished via technology have added to shipping risk, and that these fast-evolving perils may have serious implications for whether a policyholder and other stakeholders have cargo insurance protection. Some cargo insurance companies are adding cyber exclusions and/or weather exclusions (or warranties) to their policies.

Coverage Counsel and Personal Injury Lawyers: Perhaps Not Such Strange Bedfellows

Jeff Schulman and Mikaela Whitman of Liner LLP write: Personal injury lawyers should be working closely with coverage counsel anytime their client is put in a defensive posture by a tortfeasor’s insurer in a declaratory judgment action.

‘Keyspan’, ‘Viking Pump’ Throw N.Y. Allocation Law Into State of Confusion

Paul E. Breene and Ann V. Kramer of Reed Smith write: After a groundbreaking pro-policyholder insurance allocation decision by the New York Court of Appeals in May, a September 1st decision by the First Department has caused another upheaval, not a good one for policyholders.

The Bermuda Form: Declaring an Integrated Occurrence (or Not)

Jared Zola and Lisa M. Campisi of Blank Rome write: The decision to declare an integrated occurrence is frequently not without risk. Policyholders must therefore be attentive to not only policy language and claims analysis, but also case specific risk-based subjective inquiry and business judgment.