The Eleventh Circuit’s recent decision in L. Squared Industries, Inc. v. Nautilus Insurance Co. offers important guidance for policyholders navigating notice provisions under claims-made insurance policies—particularly when a policy imposes…
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New Allegations Trigger Insurance Coverage Despite “Prior Knowledge” and “Prior and Pending Litigation” Exclusions
A recent coverage decision by the Delaware Superior Court in Motive Technologies, Inc. v. Associated Industries Insurance Company shows that examining the full timeline of allegations in a lawsuit can…
Beware of State Insurance Requirements for Non-Physician Healthcare Providers
Healthcare providers face a patchwork of state laws and regulations requiring certain types and amounts of liability insurance. Although all healthcare professionals should procure policies covering alleged negligence in healthcare…
Three Steps to Protect Your Insurance Program During National Preparedness Month
September is National Preparedness Month in the United States. This designation urges organizations and individuals to prepare for disasters and emergencies. Given the increasing frequency and severity of natural disasters…
Texas Court Exposes Key Gap in Professional Liability Coverage for Home Health Franchisors
In the home health care business? Whether a franchisor, franchisee, or independent agency, beware of bodily injury exclusions in professional liability policies that could eliminate coverage for otherwise covered claims.…
Maryland’s Highest Court Corrects Insurer’s Overreach on Insurance Policy’s Assignment Clause
Insurance policies often incorporate assignment clauses, which require policyholders to obtain their insurers’ written consent before assigning their insurance policies to others. For example, the ISO Common Policy Conditions Form…
Defining Artificial Intelligence for Cyber and Data Privacy Insurance
A small but growing number of cyber insurers are incorporating language into their policies that specifically addresses risks from artificial intelligence (AI). The June 2025 issue of The Betterley Report…
The hallmark of a claims-made liability policy is coverage exclusively for claims “first made” during the policy period, thus limiting the insurer’s risk to new claims asserted against the policyholder…
Know Your Limits: Insights on Statutory Minimum Limits for Nursing Facilities
This is the second in a series of articles addressing critical issues in risk management and insurance for skilled nursing facilities.
How much insurance does my organization need? This conundrum…
Effective Risk Management for Nursing Facilities: Insurance Insights on Retaliation Claims
This is the first in a series of articles addressing critical issues in risk management and insurance for skilled nursing facilities.
Owners and operators of skilled nursing facilities know that…



