Topics

Additional Insureds

Policyholder Diligence Ensures You’re Insured

Allocation of Damages

Navigating Recovery Allocation Provisions: Insights from National Union Fire Insurance v. RealPageSC Supreme Court Says Insurers Can’t Cloud Allocation of Covered and Non-Covered Damages

Appellate

Comma Drama: How Tiny Punctuation Choices Can Swing Entire Coverage BattlesWyoming Supreme Court Rules Refinery Company Can Seek Extracontractual Insurance Recovery Against Holdout Insurer

Automobile Insurance

When Federal Contracts Meet Insurance Coverage – Part 2: Automobile Liability Under FAR 52.228-8 and FAR 52.228-10No Uninsured Motorist Coverage for Rideshare Driver

Awards and Accolades

Christine Davis Named to General Council of Tort Trial and Insurance Practice

Bad Faith

When Is “Yours” Not Yours? Pennsylvania Superior Court Interprets “Your Computer” Definition in Commercial Property PolicyBradley Caps Off $60 Million Business Interruption Appraisal Award with Recovery of Full Costs and Attorney Fees for Delayed PaymentWyoming Supreme Court Rules Refinery Company Can Seek Extracontractual Insurance Recovery Against Holdout Insurer

Best Practices

Three Steps to Protect Your Insurance Program During National Preparedness Month

Blockchain/Distributed Ledger Technology

Upcoming Event - Policyholder Insurance Webinar Series: What Blockchain Means for Your InsuranceBlockchain: The Policyholder Plan for Smart Insurance Policies

Business Interruption

North Carolina Supreme Court: Government-Ordered Business Closures During COVID-19 Lockdowns Constitute “Direct Physical loss” Under Insurance Policy Lacking Virus ExclusionStruck by CrowdStrike Outage? Your Business Loss Could Be CoveredBradley Caps Off $60 Million Business Interruption Appraisal Award with Recovery of Full Costs and Attorney Fees for Delayed Payment

Cannabis Insurance

Coverage for Cannabis? How Cannabis’s Legal Limbo Affects Property Insurance Policies

Claims Management

Beware Misuse of Related-Claims Deemer Clauses in Claims-Made PoliciesNavigating Claims-Made Policies: Five Lessons from Match Group LLC v. Beazley Underwriting Ltd.Insurance in the Know (Part 2): Settlement Offers Within Policy Limits Heighten Scrutiny on Insurers

Claims Resolution

Navigating Recovery Allocation Provisions: Insights from National Union Fire Insurance v. RealPageInsurance in the Know (Part 2): Settlement Offers Within Policy Limits Heighten Scrutiny on InsurersCertified Conflict on Carrier’s Burden to Show Prejudice Caused by Late Notice of Claim in Florida

Commercial General Liability Policies

When Federal Contracts Meet Insurance Coverage – Part 2: Automobile Liability Under FAR 52.228-8 and FAR 52.228-10Maryland’s Highest Court Corrects Insurer’s Overreach on Insurance Policy’s Assignment ClauseInsurance – Texas Style, Part 1: Stowers Liability and Insurance Towers

Commercial Property

Insurance – Texas Style, Part 1: Stowers Liability and Insurance TowersWhen Is “Yours” Not Yours? Pennsylvania Superior Court Interprets “Your Computer” Definition in Commercial Property PolicySunscreen Is Not the Only Key to Avoid Getting Burned This Summer: The Importance of a Mid-Year Review of Your Insurance Policies

Contingent Business Interruption

Struck by CrowdStrike Outage? Your Business Loss Could Be CoveredWyoming Supreme Court Rules Refinery Company Can Seek Extracontractual Insurance Recovery Against Holdout InsurerThe "Physical Loss" Requirement for Business Interruption Claims Amid the Coronavirus

Coverage for Emerging Technologies

Defining Artificial Intelligence for Cyber and Data Privacy InsuranceHodl or Fold? The Insurance and Liability Minefield of Bitcoin for BusinessMobile App Terms and Conditions Decision Clarifies Best Practices in App Designs to Support Enforcement of Contract Provisions

COVID-19

North Carolina Supreme Court: Government-Ordered Business Closures During COVID-19 Lockdowns Constitute “Direct Physical loss” Under Insurance Policy Lacking Virus ExclusionPolicyholders Should Reject Insurers’ Misleading Narrative that Property Policies Do Not Cover COVID-19 Business LossesOne Day, Two Different Decisions: Mississippi and Texas Federal Courts Issue Opinions in COVID-19 Insurance Cases

Cyber Insurance

New Allegations Trigger Insurance Coverage Despite “Prior Knowledge” and “Prior and Pending Litigation” ExclusionsDefining Artificial Intelligence for Cyber and Data Privacy InsuranceHodl or Fold? The Insurance and Liability Minefield of Bitcoin for Business

Directors and Officers Insurance

Hodl or Fold? The Insurance and Liability Minefield of Bitcoin for BusinessBeware of Prior Act Exclusions and Retroactive Dates When Procuring or Renewing Coverage

Drones

Upcoming Event - Policyholder Insurance Webinar Series: Is That Drone Insured?

Duty to Defend

Federal Court Enters Powerful Duty to Defend Order in MaineCan You Hear Me Now? Tenth Circuit Rejects Coverage for Telephone Consumer Protection Act ClaimsInsurance Purchasers Beware: Florida Court Finds No Duty to Defend Data Breach Claim Under CGL Personal & Advertising Injury Coverage

Event Insurance

Beware of Insurers’ Attempts to Use Fear of COVID-19 to Deny CoverageFore! Fourth Circuit Affirms No Coverage for Hole-in-One Payments

Events

Homesick for Home Games: Plaintiffs File Class-Action Suit Against MLB Demanding Refunds for TicketsBeware of Insurers’ Attempts to Use Fear of COVID-19 to Deny CoverageUpcoming Event – Insurance for Cyber Risk – and the Disputes About Its Scope: The Good, the Bad, and the Ugly

Excess Insurance

Insurance – Texas Style, Part 1: Stowers Liability and Insurance TowersUnder Pressure: Primary Insurer Must Reimburse Excess Insurer after Failing to Settle Case in TexasEquitable Subrogation: A Useful Tool for Your Excess Insurer When Your Primary Insurer Refuses to Settle Within its Limits

Exclusions

Relationship Limits: 11th Circuit Reins in Scope of “Relating To” in Insurance Policy ExclusionsComma Drama: How Tiny Punctuation Choices Can Swing Entire Coverage BattlesNew Allegations Trigger Insurance Coverage Despite “Prior Knowledge” and “Prior and Pending Litigation” Exclusions

Flood Insurance

Will New York’s New Flood Insurance Law Create a Coinsurance Problem for Lenders and Policyholders?Court Rejects Application of Flood Exclusion to Hurricane RainfallHurricane Season: Why All Property Owners Should Consider Flood Insurance

Government Contracts

When Federal Contracts Meet Insurance Coverage – Part 2: Automobile Liability Under FAR 52.228-8 and FAR 52.228-10

Healthcare

Beware of State Insurance Requirements for Non-Physician Healthcare ProvidersTexas Court Exposes Key Gap in Professional Liability Coverage for Home Health FranchisorsKnow Your Limits: Insights on Statutory Minimum Limits for Nursing Facilities

Homeowner's Insurance

Sunscreen Is Not the Only Key to Avoid Getting Burned This Summer: The Importance of a Mid-Year Review of Your Insurance PoliciesPonzi Coverage: A Unique Twist from ConnecticutTrigger for Hurricane and Named Storm Deductibles

Hurricane Damage

Court Rejects Application of Flood Exclusion to Hurricane RainfallSunscreen Is Not the Only Key to Avoid Getting Burned This Summer: The Importance of a Mid-Year Review of Your Insurance PoliciesHurricane Season: Why All Property Owners Should Consider Flood Insurance

Insurance Law Developments

Relationship Limits: 11th Circuit Reins in Scope of “Relating To” in Insurance Policy ExclusionsLate Notice Doesn’t Always Mean No Coverage—But Only If You Can Prove ItMaryland’s Highest Court Corrects Insurer’s Overreach on Insurance Policy’s Assignment Clause

Insurance Policy Applications

Comma Drama: How Tiny Punctuation Choices Can Swing Entire Coverage BattlesHurricane Season: Why All Property Owners Should Consider Flood InsuranceThe New Coronavirus and Your Business Insurance Coverage: Steps to Take Now

Insurance Policy Placements

Effective Risk Management for Nursing Facilities: Insurance Insights on Retaliation ClaimsDoes Your Cyber Insurance Cover Social Engineering Fraud?2018 Allianz Risk Barometer Highlights Business Interruption and Cyber as Two Most Important Risks of New Year

Insurance Policy Renewals

Does Your Cyber Insurance Cover Social Engineering Fraud?Can You Hear Me Now? Tenth Circuit Rejects Coverage for Telephone Consumer Protection Act Claims2018 Allianz Risk Barometer Highlights Business Interruption and Cyber as Two Most Important Risks of New Year

M&A Insurance Issues

Bradley Attorneys Highlight Cyber Insurance Risks to Consider When Acquiring a Company

Notice

Insurance in the Know (Part 1): Reservations of Rights Can Trigger Right to Independent CounselBeware of New Insurance Disclosure Requirements for Defendants in New York LitigationNotifying Your Excess Insurers: Don’t Let an Insurer Gamble with Your Company’s Bottom Line

Policy Exclusion

New Allegations Trigger Insurance Coverage Despite “Prior Knowledge” and “Prior and Pending Litigation” ExclusionsBeware Misuse of Related-Claims Deemer Clauses in Claims-Made PoliciesWhen Is “Yours” Not Yours? Pennsylvania Superior Court Interprets “Your Computer” Definition in Commercial Property Policy

Policyholder-Insurer Conflicts of Interest

Insurance in the Know (Part 3): Recoupment of Defense Costs Is Not a “Right” in a Standard CGL PolicyFifth Circuit Holds that Insurer’s Payment to Insured’s Independent Counsel Erodes Policy Limits

Practice Group Updates

Christine Davis Named to General Council of Tort Trial and Insurance Practice

Professional Liability Policies

Beware of State Insurance Requirements for Non-Physician Healthcare ProvidersTexas Court Exposes Key Gap in Professional Liability Coverage for Home Health FranchisorsMaryland’s Highest Court Corrects Insurer’s Overreach on Insurance Policy’s Assignment Clause

Property Insurance

Sunscreen Is Not the Only Key to Avoid Getting Burned This Summer: The Importance of a Mid-Year Review of Your Insurance PoliciesCertified Conflict on Carrier’s Burden to Show Prejudice Caused by Late Notice of Claim in FloridaInsurers Assert Single Occurrence Defense to Duck Coverage for Nordstrom

Rescission

Are Federal Courts Increasingly Likely to Grant Rescission of Insurance Contracts?

Reservation of Rights Letters

Insurance in the Know (Part 3): Recoupment of Defense Costs Is Not a “Right” in a Standard CGL PolicyInsurance Purchasers Beware: Florida Court Finds No Duty to Defend Data Breach Claim Under CGL Personal & Advertising Injury Coverage

Risk Management

When Federal Contracts Meet Insurance Coverage – Part 2: Automobile Liability Under FAR 52.228-8 and FAR 52.228-10When Federal Contracts Meet Insurance Coverage – Part 1Beware of State Insurance Requirements for Non-Physician Healthcare Providers

Suit Limitations

Navigating Claims-Made Policies: Five Lessons from Match Group LLC v. Beazley Underwriting Ltd.No Uninsured Motorist Coverage for Rideshare Driver

Technology and Autonomous Vehicles

Using ChatGPT to Interpret Insurance Policies? Eleventh Circuit Opens the Door to AI’s Role in Policy InterpretationCoverage for Fully Autonomous Vehicles under the Business Auto Coverage FormMobile App Terms and Conditions Decision Clarifies Best Practices in App Designs to Support Enforcement of Contract Provisions

Time Element

Business Interruption Coverage for COVID-19 Losses: You Can Satisfy the “Physical Loss or Damage” Requirement in Your Commercial Property PolicyCheck Your Commercial Property Policy for Potential Coverage for COVID-19