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Coronavirus: Finding Coverage Where Once Was None

A colleague recently diagnosed with COVID-19 was inundated with solicitations from plaintiffs’ firms looking to file suit against the cause of the exposure. A restaurant forced to close filed suit seeking coverage for business interruption losses in Louisiana. In case you didn’t know, COVID-19 claims are here.







How To ‘Own the Anchor’ In Settlements

Anchoring occurs in third-party settlement negotiations when one side throws out a number in an effort to influence—or “anchor”—the way the opposing party values a claim. Our experience shows that anchoring directly affects the settlement value of injury claims, so it’s critically important for insurance adjusters to “own the anchor” in negotiations.

Sometimes You Need More Than A Handshake: Documenting Waivers Of Workers’ Compensation Subrogation Liens And Credits

A recent Pennsylvania federal court decision reminds us all that when settling third-party cases that involve workers’ compensation subrogation interests, it is vitally important to understand all of the steps which are necessary to fully document and enforce any settlement agreement that involves a waiver or termination of any future workers’ compensation benefits.


Mold Damage From Allegedly Defective Work Excluded From CGL Coverage

Following a contractor’s remodeling of a house, the home owner sued the contractor and its commercial general liability (CGL) insurer, Wisconsin Mutual Insurance, as well as its own homeowners insurer, Hastings Mutual Insurance. The home owner claimed the house was rendered uninhabitable by the contractor’s negligent work on a bathroom that resulted in leaking water, which caused mold to grow and then release the chemical trichothecene into the residence.


Possible Dangers Lurking In Claims-Made Policy Forms

Given the passage of time, one would think that all of the foreseeable problems claims-made policies can create would have been resolved. Such is not the case. In fact, the situation has gotten worse, to the point where a host of potential coverage gaps can now be found in just about any claims-made policy, irrespective of whether one is insuring directors and officers (D&O) liability, fiduciary liability, employment practice liability insurance (EPLI), professional liability, or any other liability exposure currently being written on a claims-made basis.
March 6, 2019 Education & Training