By Jane M. Byrne and Guyon H. Knight | October 2, 2020
A discussion of key issues that are likely to arise in numerous claims on R&W policies in our post-COVID world, and provides some practical suggestions for both insurers and policyholders to resolve them efficiently and according to policy terms.
New York Law Journal | Expert Opinion
By Joshua Gold | October 2, 2020
Almost all modern commercial crime policies contain in the body of the form an express promise of insurance coverage for losses directly resulting from "computer fraud." Unfortunately, many crime insurance companies fight computer fraud insurance claims regularly.
New York Law Journal | Expert Opinion
By Caroline Morgan | October 2, 2020
There was much speculation at the beginning of the COVID-19 shutdown about how insurers would respond to the pandemic. Would business interruption insurance cover losses and what those payouts would actually look like? Six months later and the picture is becoming clearer as a wave of suits have been brought by companies denied coverage and decisions are starting to come down.
New York Law Journal | Expert Opinion
By Scott M. Seaman, Judith A. Selby and John E. DeLascio | October 2, 2020
A number of states, including Illinois, Texas, Washington State, and Arkansas, have enacted privacy laws specifically addressing biometric information, while other states, including New York, have expanded existing laws to include biometric information. The authors provide an overview of current and proposed biometric privacy laws and related litigation, as well as insurance coverage issues arising from biometric privacy claims.
By Robert Storace | September 30, 2020
Florida is one of the states to sign onto the agreement in litigation filed over a 2014 data breach.
Daily Report Online | Commentary
By Lawrence J. Bracken II, Michael Levine and Rachel Hudgins | September 28, 2020
A Georgia court will find it difficult to grant class certification for these claims, especially on a nationwide basis.
New York Law Journal | Expert Opinion
By Evan W. Bolla | September 25, 2020
A discussion of New York's extremely insured friendly reading of "arising out of" language in insurance agreements.
By Zack Needles | September 25, 2020
Since a major win back in August following a string of losses, policyholders have notched two more victories, signaling that the tides of COVID-19 business interruption litigation could still change.
The Legal Intelligencer | News
By Katheryn Tucker | September 24, 2020
"The Garwoods might argue that they preserved the question, because the word 'sufficient' appears in both their motion for post-trial relief and their statement of the first appellate issue," Judge Deborah Kunselman said. "If so, they would be wrong."
Daily Business Review | Commentary
By Walter J. Andrews and Cary D. Steklof | September 24, 2020
In a resounding victory for policyholders a mere five months after the pandemic swept the United States, a federal court in Missouri has issued an opinion signaling that the levee has already broken.
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