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BT Policyholder Protection Blog Blog

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Ohio Appellate Court Rules That Insurer Must Defend Party Involved In Opioid MDL

USA - June 30 2020 The Ohio Court of Appeals last week held that liability insurers must defend their policyholders who are involved in the still-rising tide of opioid…

Insurance Coverage for Emerging Contaminants

USA - June 3 2020 Never heard of that chemical? It could be an emerging contaminant, which calls for careful consideration as to whether there is insurance coverage…

Will Legislation Require Coverage for COVID-19 Business Interruption Losses?

USA - April 3 2020 Over the past several weeks as the COVID-19 pandemic has caused unprecedented economic disruption nationwide, insurance companies and many others in…

Illinois Court Shines a (Heat) Lamp on Insurer’s Duty to Defend BIPA Claims

USA - March 26 2020 The attorneys of Barnes & Thornburg are providing real-time updates, analysis and information regarding the myriad business issues stemming from the…

The Tricky Business of Transferring Insurance Rights in Corporate Transactions

USA - March 13 2020 Insurance rights for transferred assets or liabilities frequently are handled in one of two ways in a corporate transaction: either they are not…

After a Ransomware Attack, Does Property Insurance Cover Damaged Software and Hardware?

USA - February 11 2020 Do traditional insurance policies provide coverage for losses due to cyberattacks and cybersecurity events? That question is the so-called “silent…

The Duty to Cooperate Is Not a Duty to Conform

USA - January 31 2020 Virtually all insurance policies impose some form of a “duty to cooperate” on the policyholder. A common form of this policy condition reads: “The…

Coverage May Exist For Companies Facing Allegations Related To Sexual Abuse

USA - November 19 2019 On Aug. 14, 2019, a provision of New York’s new Child Victim Act went into effect that lifted the statute of limitations on childhood sexual abuse…

Maintaining Vigilance: A Carrier's Acceptance Of Its Coverage Obligations Is Only The Beginning

USA - November 6 2019 You tendered a lawsuit to your liability carrier. You cooperated with its investigation of the claim, and maybe you had to challenge an initial…

Hindsight Isn’t 20/20 When It Comes To An Insurer’s Duty To Defend In California

USA - September 26 2019 You are a California policyholder and have been sued in a lawsuit. Your insurer denies coverage, claiming that it has no duty to defend the lawsuit…