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Article 26 mai 2020
Should commercial general liability insurers be concerned about potential indemnity coverage arising from the NY SHIELD Act?
In the midst of uncertainty surrounding the coronavirus, New York’s Stop Hacks and Improve Electronic Data Security (SHIELD) Act went into full effect on March 21, 2020, creating new data privacy and cybersecurity requirements for companies that own, license, or maintain computerized data that include any New York resident’s private information, whether or not the company is located in New York.
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News 5 mai 2020
Kennedys promotes thirteen to global partnership
We are delighted to confirm the promotion of thirteen lawyers to our partnership across practice areas including commercial, employment and healthcare, as well as specialist areas of insurance and liability that include cyber, property and construction, professional liability, travel, abuse and fraud. Eight of those promoted are based in the UK, with four in the US and one in Australia. Our worldwide partner count is now 264.
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Article 31 mar 2020
New York State regulators direct insurers to report on preparedness and business interruption coverage
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Case review 30 mar 2020
Court finds coverage for violations of Biometric Privacy Act
The Appellate Court of Illinois, First District, recently held that an insurer has a duty to defend an underlying class action lawsuit alleging violation of the Illinois Biometric Information Privacy Act 740 ILCS 14/1 et seq. (West 2014). West Bend Mutual Insurance Co. v. Krishna Schaumburg Tan, Inc., 2020 IL App (1st) 191834 (March 20, 2020). In this case of first impression, the court in Krishna Schaumburg Tan was asked to decide whether the allegations of the underlying complaint come within the insurance policies’ definition of “personal injury” and if so, whether an exclusion for violation of statutes applies to bar coverage. Id. at *7-8.
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Article 19 mar 2020
Proposed COVID-19 legislation in New Jersey
The COVID-19 global pandemic and the resulting efforts to contain it are events of unprecedented scale. New Jersey is among the states seeing the most comprehensive containment measures, including the shuttering of many non-essential businesses or modifying their operations in a manner that impacts their income stream. For instance, as of March 16, 2020, bars and restaurants can no longer offer “dine in” options and can now only operate by takeout or delivery.
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Article 13 mar 2020
Nanette Lepore loses due to intellectual property exclusion
The Second Circuit in a Summary Order has held, for the first time in the Circuit, that the “intellectual property” exclusion was clear and unambiguous and excluded coverage for a lawsuit that alleged infringement of intellectual property, in Lepore v. Hartford Fire Ins. Co., No. 19-778-cv, 2020 U.S. App. LEXIS 3830 (2d Cir. Feb. 7, 2020). Although this opinion is non-precedential, the decision joins other circuits that have examined this exclusion, including the Third Circuit, in finding that this exclusion is enforceable notwithstanding the broad impact of the exclusionary language.
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Article 17 dez 2019
It’s all relative: Illinois appellate court finds the term “relative by marriage” ambiguous
The Illinois Appellate Court recently held that a former stepson remained a “relative by marriage” within meaning of his former stepmother’s auto policies, such that he may be entitled to uninsured motorist and medical payments coverage under the policies.
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Article 17 dez 2019
New Jersey’s amended statute of limitations for sex abuse claims expected to give rise to many suits and coverage implications
In recent years, an increasing number of victims have asserted claims against schools, athletic organizations, Olympic governing bodies, and religious institutions, alleging sexual abuse and sexual misconduct.
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Article 17 dez 2019
Beware the delay: Florida court creates coverage where insurer defended suit without a reservation of rights
A homeowners insurer recently found itself faced with the prospect of covering a $4.4 million judgment against its insured even though the policy did not provide coverage for the intentional tort claims in the underlying lawsuit.
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Article 29 out 2019
Large scale lawsuits present new challenge for insurers
In recent years, the US has seen a trend in large-scale litigation pushed forward by the plaintiffs’ bar in the form of class actions, which are often consolidated in state courts or take the form of multi-district litigation (MDL) in the federal court system.