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The Ninth Circuit Wants Everyone to Stop Forgetting About the Appraisal Provision

Policyholders, don’t lose track of the appraisal provision in your insurance policies. At least that is what the panel in 50 Exch. Terrace LLC v. Mt. Vernon Specialty Ins. Co. seemed to be saying. There, the Ninth Circuit Court of Appeals affirmed the district court’s dismissal of policyholder-plaintiff’s case for non-payment…

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Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs

Considering the complex structure of commercial insurance programs—typically purchased in annual “towers” of insurance—risk managers and in-house counsel often do not pay sufficient attention to arbitration-related provisions, which the insurance industry is more frequently including in its policies. That’s like playing only one board in a game of three-dimensional chess.…

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Southern California’s Wildfire Disaster: Immediate Insurance Considerations

As of January 13, Southern California’s ongoing wildfires have reportedly destroyed more than 12,000 structures. Insured loss estimates exceed $25 billion, and the strong Santa Ana winds fanning the blazes are expected to continue into Wednesday. Based on decades of experience in prior catastrophes, we know that for some, the…

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Contra Proferentem: Can Insureds Be Forced to Waive Its Protection?

Contra proferentem is a foundational legal principle with particular importance in insurance law. It mandates that any ambiguities in an insurance policy are construed against the insurer and in favor of the insured. The doctrine recognizes that insurance policies generally are contracts of adhesion, in which the insurer wields the…

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Avoiding a Coverage Glitch: Closing Potential Gaps in Cyber Insurance Coverage

Over the past decade, technological innovations have quickly transformed how companies operate their IT infrastructure. Traditional on-site servers and hardware have often been replaced or supplemented by off-site solutions such as cloud computing, SaaS (Software-as-a-Service), virtualized servers, or “Bring Your Own Device” (BYOD) programs. These developments allow a business’s IT…

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Fifth Circuit Reminds Policyholders to Be “Not Less Than” Careful When Drafting Master Service Agreements

Just as the oilfield fuels the modern economy, master service agreements (MSAs) fuel the modern oilfield. But while almost every MSA contains indemnity and insurance clauses, experienced oilfield lawyers will advise their clients that no two are identical. Determining how these unique contractual provisions apply to losses and interact with…

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Evaluating Business Interruption Claims Following Helene and Milton

Quantifying a policyholder’s business interruption loss in the wake of wide-impact catastrophic events is a contentious issue, as methods of calculating business interruption losses vary by jurisdiction and policy language. In “Hurricanes Helene and Milton: Evaluating Business Interruption Claims Following a Large-Scale Disaster,” Insurance Recovery colleagues  Joseph D. Jean and…

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Level Unlocked: Insurance Recovery Options for Video Game Manufacturers Facing Video Game Addiction Lawsuits

In the last few years, the video game industry has been hit with lawsuits accusing certain games of fostering addictive behaviors, especially among younger players. These lawsuits often cite features like loot boxes, microtransactions, and reward systems, which are designed to enhance player engagement, as in-game mechanisms that push players…

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Hurricanes Helene and Milton: 8 Key Insurance Coverage Issues Impacting the Availability and Amount of Recovery

In the aftermath of two powerful hurricanes the process of assessing the damage and rebuilding begins. Businesses suffered billions of dollars in losses during hurricanes Helene and Milton, both in physical property damage and disruption of their business (i.e., lost profits). That is precisely why businesses purchase property and other…

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Hurricanes Helene and Milton: Insurance Implications

Hurricane Helene struck Florida’s Big Bend region as a category 4 hurricane on September 25, 2024, and continued to move northeast. The storm caused widespread power outages and catastrophic damage across Florida, the Carolinas, Tennessee, Georgia and other states. It has brought life-threatening storm surges in its aftermath. Now, less…