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Judge Cites Pillsbury Legal Analysis in Decision

Readers of this blog have come to expect from our lawyers incisive and reliable analysis of the most important insurance coverage issues of the day. At least one judge apparently feels the same way. In a recent decision in the ongoing coverage dispute brought by TIAA-CREF against its various D&O carriers,…

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Buyer Beware: Some Policies Do Not Cover What You Think They Do

Barely removed from the Super Bowl, football fans have begun their long hibernation in anticipation of next season. But the Patriots’ incredible comeback reminds me that it coincided with the tenth anniversary of one of the great NFL coach rants, courtesy of the late Dennis Green of the Arizona Cardinals.…

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Cyberextortion/Ransomware Insurance Coverage: A Key Part of Your 21st Century Commercial Insurance Program

Out of the blue one morning, a destination hotel’s operator receives an email informing it that the hotel’s computer and electronic key systems have been infiltrated, leaving the hotel locked out of its own computer system and, even more distressing, preventing hotel guests from utilizing their key cards to gain…

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South Carolina May No Longer Hold Insurers’ Reservations: Greater Detail Required in Reservations of Rights

Say you want to make a reservation for a nice dinner. Do you call the restaurant and simply say you plan to come sometime in the next two weeks? Of course not. If you want your reservation to do any good, you give the restaurant a date, time, and number…

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FCPA Insurance: Hope in the Wilderness

It’s a jungle out there. Penalties imposed under the Foreign Corrupt Practice Act for bribery charges proliferated like vines in 2016. In the dramatic conclusion of the Brazil-based Operation Car Wash probe, Brazilian construction giant Odebrecht-Braskem agreed to pay U.S., Brazilian and Swiss authorities $3.5 billion for paying bribes to…

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The Great American Faceoff: The Policyholder’s Right to Surrender—and Win

Texas is not a place known for surrendering. (Remember the Alamo!). But like their compatriots in other states, Texas policyholders sometimes see the advantage of surrendering their liability insurance policy rights to their litigation adversaries in order to retreat from the dispute. Whether they may have to stand and fight…

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Enforcing Your Right to Access Your Insurer’s Claims Documents During Discovery

The first thing your insurance company must do after receiving notice of a loss is investigate your claim and make a coverage determination. The insurer will evaluate the strength of your claim, whether to pay it and what amount to pay. Even if the insurer thinks your claim is potentially…

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Coverage for Legal Marijuana Risk: Seeing through the Smoke and Mirrors

We’ve come a long way since the days of Timothy Leary—both in terms of marijuana legalization, and in the diversity of business insurance products that have reached the market to insure marijuana-related risks. As of this blog post, more than 20 states have legalized marijuana for medical use, including eight…

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Florida, Sebo and the Concurrent Causation Doctrine

The Florida Supreme Court recently issued a widely reported decision, Sebo v. American Home Assurance Co., which applied the concurrent cause doctrine in ruling that an all-risk homeowner’s insurance policy provides coverage when damage is the result of multiple events—so long as at least one of them is a covered…

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Are You Prepared for the Leaning Tower of … San Francisco?

In 1173, builders broke ground in Pisa, Italy, on the Torre de Pisa (that is, the Tower of Pisa). At over 183 feet, it was to be a grand statement—remember, this was 1173, not 2016. But the story is not all roses. The tower began immediately to tilt—by the time…