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Article 31/03/2020
New York State regulators direct insurers to report on preparedness and business interruption coverage
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Case review 30/03/2020
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 27/03/2020
Coronavirus insurance claims may fail to meet threshold requirement for business interruption coverage
As businesses lose income and incur unforeseen expenses as a result of the COVID-19 pandemic that started in Wuhan, China and has taken hold in the United States, many companies will look to their businessowners or commercial property policies for relief.
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Article 19/03/2020
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 17/03/2020
Coronavirus and the looming question of business interruption coverage
The coronavirus has grown from a handful of suspected pneumonia cases in Wuhan, China to a global pandemic. The rapid spread of the virus and the growing death toll have led to quarantines, emergency evacuations, business closures and travel bans in the United States and throughout the world. The ever increasing restrictions have resulted in business interruption losses in nearly every industry, ranging from large scale electronic manufacturing in China to small-town restaurants and retailers in the United States. As world-wide efforts to contain the virus grow, insurers must assess their potential exposure for business interruption claims.
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Article 13/03/2020
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 17/12/2019
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 17/12/2019
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 17/12/2019
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 29/10/2019
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.