Supreme Court Opinion on Maritime Law Solidifies Insurer’s Choice-of-Law Clause March 1, 2024 By Chad Hemenway A dispute between an insurer and a yacht owner went all the way to the U.S. Supreme Court with a...
Home Depot Appeals to Get Defense Costs From CGL Policies for 2014 Breach December 15, 2023 By Chad Hemenway Think cyber events don’t have long tail? Consider this: Home Depot is still in a legal battle to get $50...
Chubb Loses Bid to Enforce D&O Coverage Exclusions in Opioid-Related Case August 30, 2023 By Chad Hemenway A federal judge in North Carolina has ruled against a Chubb subsidiary in an attempt to rid itself of defense-cost...
Insurer Must Defend Firm Sued for Selling Facial Recognition Program to Police June 16, 2023 By Jim Sams An ambiguous coverage exclusion prevents a liability insurer from dodging the cost of defending a data broker that was sued...
Consistent Policy Wording Bringing Some Relief to Evolving Cyber Market May 19, 2023 By Elizabeth Blosfield Consistency within cyber insurance policies is something the industry has been grappling with for nearly a decade, according to speakers...
Motorcycle Rally Organizers Lose Bid for Coverage for Auto Accident March 24, 2023 By Andrew G. Simpson A three-judge panel of the Second Circuit Court of Appeals has affirmed a district court ruling that Berkshire Hathaway’s Covington...
Appeals Court Rules Insurers Not Obligated to Defend Distributor of Opioids January 17, 2023 By Chad Hemenway Westfield National Insurance Co. and Motorists Mutual Insurance Co. are not required by their insurance contracts to defend generic drug...
No Coverage for Food Plant’s $2M Cost to Avoid Shutdown, Potential BI Claim January 9, 2023 By Jim Sams Ken’s Foods would likely have filed a $10 million business-interruption claim had it not spent $2 million to upgrade its...
Ransomware Did Not Cause Direct Physical Loss, State High Court Says December 29, 2022 By Jim Sams A business owner’s insurance policy did not provide coverage for software damaged by a ransomware attack because there was no...
Viewpoint: Hurricane Ian, Anti-Concurrent Loss Language, and Ambiguities October 4, 2022 By Kathleen M. Bonczyk On September 28, 2022, the nearly Category 5 Hurricane Ian made landfall in southwest Florida with maximum sustained winds clocked...