Insurance Law Developments

Insurers Assert Single Occurrence Defense to Duck Coverage for Nordstrom

Nordstrom, like other retailers, sustained property damage and business interruption expenses as a result of protests arising out of the Black Lives Matter movement. Although the retailer supports BLM, its insurers do not support Nordstrom. In a complaint filed in district court in the Western District of Washington (access here), Nordstrom alleges that

As the Fifth Circuit reminded us in a December 21 deUnder Pressure: Primary Insurer Must Reimburse Excess Insurer after Failing to Settle Case in Texascision, primary insurers can find themselves in excess insurers’ shoes if they reject settlement demands within their policy limits. In American Guaranty & Liability Insurance Co. v. ACE American Insurance Co., the Fifth Circuit upheld a lower court ruling requiring a primary insurer

Policyholders Should Reject Insurers’ Misleading Narrative that Property Policies Do Not Cover COVID-19 Business LossesNotwithstanding insurers’ transparent attempts to convince you otherwise, policyholders may very well have coverage for business interruption losses from COVID-19 under their property policies. Since the start of the pandemic, insurers have tried to weave a narrative that policyholders cannot win coverage suits for business-interruption losses resulting from the pandemic. The opinions to date tell