Since July 9, 2021, New York City’s businesses have been subject to the requirements of a new biometrics law. Businesses operating in New York City should consider both their potential liability under these new requirements and whether their current insurance program protects them against associated risks. The new law imposes…
Policyholder Pulse
Insurance Considerations for Cannabis Delivery Services
The legal cannabis industry in the U.S. is growing at an unprecedented rate and is projected to reach $73.6 billion by 2027. While federal law still classifies marijuana as a Schedule I drug, many states have legalized both medical and recreational marijuana. As state restrictions ease, new business opportunities continue…
Covering the Highlight Reel: The Need for Insurance Options to Protect NFT Owners
Winning a championship ring is everything. Just ask the Los Angeles Dodgers, who won 11 National League West titles between their 1988 and 2020 World Series Championships and would likely have traded several of those division titles for more World Series championships. But, of course, not all rings are equal.…
Zurich Pleads with Court to Ignore Science
In a recent federal court filing, Zurich American Insurance Company asked the district court to ignore the entirety of science regarding COVID-19 in order to support Zurich’s denial of all coverage for COVID-19 business interruption losses. Western civilization has a long history of choosing superstition in favor of science. In…
Insuring a King’s Ransom: The Role of Cyber Insurance in Ransomware Risk Management
Nearly 700 years ago, England captured King John II of France and held him for ransom for four million écus. But France could not afford to pay, and King John II ultimately traded his two sons as substitute hostages to try and secure his own release. Today, it is not…
The Duty to Defend a Privacy Claim Arises from Even Limited Publication of Biometric Identifiers
Do general liability policies provide coverage for limited disclosures of biometric data, such as fingerprints? The Illinois Supreme Court has concluded that they do. In a unanimous decision, the Illinois Supreme Court has held that a general liability insurer must defend an insured accused of violating the Illinois Biometric Information…
New York Bad Faith Bill Targets Insurers Behaving Badly
When Frank Sinatra famously sang “if I can make it there, I’ll make it anywhere,” he was probably not crooning about making a claim for insurer bad faith. New York has indeed acquired a reputation as a difficult place to obtain an award of extra-contractual damages for an insurer’s unreasonable…
Reopening Workplaces: Employer Insurance Coverage for Sexual Harassment Claims Against Employees
For both good and ill, the COVID-19 pandemic has altered every facet of personal and professional life. For example, many employees have enjoyed unprecedented freedom to work remotely. However, with vaccines becoming more readily available, the time is soon approaching when people will return to their offices and places of…
How Forum-Selection and Choice-of-Law Provisions in Insurance Policies Can Affect Coverage
Location matters. Some states are more protective of policyholder or consumer interests than others. And so, where the case is ultimately litigated, and what law applies, can have profound implications for a policyholder’s recovery. In an effort to secure the application of a body of jurisprudence they perceive to be…
Plight of Ever Given Reminds Policyholders to Reevaluate Insurance Programs for Loss and Delay in Transit of Goods
A few weeks have passed since the Suez Canal was cleared of the now infamous Ever Given, the quarter-mile-long, 220,000-ton cargo ship that ran aground, clogging one of the world’s most crucial shipping arteries for over six days. For almost a week, the world was captivated by an 869-foot-wide portion…