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Articles: 1-10 of 100

All “Hail” the Importance of Documenting Claims

USA - June 29 2018 A recent case in the Fifth Circuit, Certain Underwriters at Lloyd’s of London v. Lowen Valley View, L.L.C., provides a valuable reminder to…

Allocation Clauses in D&O and E&O Policies - Traps for the Unwary

USA - June 20 2018 Some of the biggest pitfalls for policyholders lie camouflaged among seemingly “standard” policy conditions—often overlooked during the procurement or…

Insurance Applications and Warranty Statements: Give Them the Attention They Deserve

USA - June 12 2018 With few exceptions, an application or warranty statement is an essential document to secure insurance coverage, and can actually possess great power…

CGL Insurer Can’t Avoid Covering Employer for Negligent Hiring of Employee Who Committed Intentional Wrong, California Supreme Court Says

USA - June 6 2018 By statute, California law holds that willful misconduct—where an insured intends to cause someone harm—is not insurable as a matter of public policy…

Natural Disaster Necessities: Property Damage, Business Interruption and CBI Coverage

USA - June 4 2018 Volcanoes, hurricanes, and polar vortexes—oh, my! From the ongoing eruption of the Kilauea volcano in Hawaii, to huge winter storms, massive mudslides…

Eleventh Circuit Rules There Is No Coverage under Crime Policy’s Computer Fraud Component

USA - May 22 2018 Remember the “good” ol’ days when the run-of-the-mill theft involved someone physically taking something tangible? That is so 20th century. Now…

The Developer’s Toolbox to Manage Risk of Future Condominium Conversion

USA - May 17 2018 Developers need to keep an open mind to protect themselves against construction defect claims. Insurance is a vital tool, but it should not be the…

Bad Facts (Sometimes) Make Good Law - The Worst Texting and Driving Incident Still Does Not Defeat Coverage under NY Law

USA - May 2 2018 Insurance agreement language that precludes coverage in CGL policies for “expected or intended” injuries has been analyzed in nearly every…

Notice Anything Fishy? - Preserving Your Coverage Claims with Diligent Notice

USA - April 24 2018 Recently the Eleventh Circuit spent a lot of ink discussing how the marketing and sale of sashimi-grade tuna is affected when myoglobin reacts with…

Another Appellate Court Holds that Faulty Work Constitutes an Occurrence - This Time Under New York Law

USA - April 16 2018 It is axiomatic that in order to obtain insurance coverage a policyholder must first establish that a claim falls within a policy’s insuring agreement…