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

Good Faith Requires More than Interpleading Policy Limits: Georgia Court of Appeals Reinstates Bad-Faith Claims in Cannon v. SafecoInsurance – Texas Style, Part 2: Stowers Liability and BankruptcyWhen Is “Yours” Not Yours? Pennsylvania Superior Court Interprets “Your Computer” Definition in Commercial Property Policy

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

As Winter Storm "Fern" Thaws, Take Note of Keys to Insurance RecoveryNorth 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 Covered

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 InsurersInsurers Beware: One Insurer’s Settlement Can Support a Bad Faith Failure-to-Settle Claim Against a Nonsettling Insurer

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 PolicyOne Day, Two Different Decisions: Mississippi and Texas Federal Courts Issue Opinions in COVID-19 Insurance Cases

Contingent Business Interruption

As Winter Storm "Fern" Thaws, Take Note of Keys to Insurance RecoveryStruck by CrowdStrike Outage? Your Business Loss Could Be CoveredWyoming Supreme Court Rules Refinery Company Can Seek Extracontractual Insurance Recovery Against Holdout Insurer

Coverage for Emerging Technologies

The Eleventh Circuit Just Gave Us a Roadmap for Using AI to Interpret Insurance Policies — and Coverage Lawyers Should Pay AttentionDefining Artificial Intelligence for Cyber and Data Privacy InsuranceHodl or Fold? The Insurance and Liability Minefield of Bitcoin for Business

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

Mississippi Federal Court Finds Social Engineering Endorsement Required Pre-Existing Business RelationshipTexas Federal Court Reinforces Single Limit for Social Engineering Loss Arising from Multiple PaymentsNew Allegations Trigger Insurance Coverage Despite “Prior Knowledge” and “Prior and Pending Litigation” Exclusions

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

Good Faith Requires More than Interpleading Policy Limits: Georgia Court of Appeals Reinstates Bad-Faith Claims in Cannon v. SafecoInsurance – Texas Style, Part 2: Stowers Liability and BankruptcyFederal Court Enters Powerful Duty to Defend Order in Maine

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 4: Liability to Third Persons Under FAR 52.228-7When Federal Contracts Meet Insurance Coverage – Part 3: Liabilities for Workers Under FAR 52.228-3 (Defense Base Act and Related Requirements)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

As Winter Storm "Fern" Thaws, Take Note of Keys to Insurance RecoveryPonzi Coverage: A Unique Twist from ConnecticutTrigger for Hurricane and Named Storm Deductibles

Hurricane Damage

Court Rejects Application of Flood Exclusion to Hurricane RainfallHurricane Season: Why All Property Owners Should Consider Flood InsuranceThe Wait for NFIP Reform Continues

Insurance Law Developments

Texas Federal Court Reinforces Single Limit for Social Engineering Loss Arising from Multiple PaymentsThe Eleventh Circuit Just Gave Us a Roadmap for Using AI to Interpret Insurance Policies — and Coverage Lawyers Should Pay AttentionRelationship Limits: 11th Circuit Reins in Scope of “Relating To” in Insurance Policy Exclusions

Insurance Policy Applications

When the Only Insurer in Town Says NoGood Faith Requires More than Interpleading Policy Limits: Georgia Court of Appeals Reinstates Bad-Faith Claims in Cannon v. SafecoComma Drama: How Tiny Punctuation Choices Can Swing Entire Coverage Battles

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

When the Only Insurer in Town Says NoDoes Your Cyber Insurance Cover Social Engineering Fraud?Can You Hear Me Now? Tenth Circuit Rejects Coverage for Telephone Consumer Protection Act Claims

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

Other Insurance Provisions

When the Only Insurer in Town Says NoBeware Misuse of Related-Claims Deemer Clauses in Claims-Made Policies

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

As Winter Storm "Fern" Thaws, Take Note of Keys to Insurance RecoveryInsurers Assert Single Occurrence Defense to Duck Coverage for NordstromOne Day, Two Different Decisions: Mississippi and Texas Federal Courts Issue Opinions in COVID-19 Insurance Cases

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

Good Faith Requires More than Interpleading Policy Limits: Georgia Court of Appeals Reinstates Bad-Faith Claims in Cannon v. SafecoMississippi Federal Court Finds Social Engineering Endorsement Required Pre-Existing Business RelationshipWhen Federal Contracts Meet Insurance Coverage – Part 4: Liability to Third Persons Under FAR 52.228-7

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

The Eleventh Circuit Just Gave Us a Roadmap for Using AI to Interpret Insurance Policies — and Coverage Lawyers Should Pay AttentionUsing 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 Form

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