Insurance Coverage For COVID-19 Claims Under D&O Policies

To date, much of the insurance industry’s focus on the Coronavirus (COVID-19) pandemic has been on business interruption coverage under commercial property insurance policies.
May 21, 2021 Liability Litigation

GEICO at Center of Unemployment Benefits Scam

Things are looking pretty rough for GEICO, as not only did the insurer recently suffer a data breach, but it was also discovered that the hackers responsible are using consumers’ compromised information to fraudulently apply for unemployment benefits.
May 20, 2021 Excess & Surplus Lines Fraud Liability

Social Inflation: The Ultimate Pain Point of Liability Insurance

Social inflation is a huge pain point in US liability insurance. It is a term used to describe the phenomenon of rising costs of insurance claims resulting from increased litigation, broader definitions of liability, more plaintiff-friendly legal decisions, and larger (sometimes nuclear) compensatory jury awards.
May 17, 2021 Liability Litigation

Builders Say Lawsuits Plague Florida Construction Industry

Last month, Florida lawmakers passed tort reform legislation by extending COVID-19 liability protection to businesses and health care providers, but Florida’s construction industry says they’re facing a form of lawsuit abuse that lawmakers failed to address.
May 17, 2021 Legislation & Regulation Liability Litigation Florida

Common Pitfalls of Extra-Contractual Risk Exposure

In recent years, there have been changes across jurisdictions, expanding the scope of potential liability for bad-faith damages. In addition, there are challenges in navigating the continued erosion of the attorney-client privilege in bad-faith litigation.
May 13, 2021 Liability Litigation

Public Nuisance Lawsuits and Insurance Coverage Issues

Historically, the common law tort of public nuisance aimed to uphold community morals and address public health violations. Now, public nuisance has emerged as a central cause of action in some of the largest environmental and non-environmental claims facing the insurance industry, raising compelling coverage issues.
May 11, 2021 Liability Litigation Risk Management

Excess Policy Not Triggered by Vizio’s Smart TV Litigation Claim

An excess D&O insurer had no obligation to contribute to Vizio’s settlement with its primary general liability insurer for liabilities arising from the Smart TV Litigation, a California federal district court has held.
May 10, 2021 Liability Litigation California

Appeal Court ‘Vindicates Aviva’ in Slip-and-Fall Lawsuit

Commercial liability clients do not have to settle personal injury lawsuits even if the defendants are perceived as having deep pockets, a recent Court of Appeal for Ontario ruling suggests.
May 7, 2021 Liability Litigation

Climate Change Litigation 2.0

To date, climate change-related litigation, and the resulting economic and environmental impacts, has been a tort with no successful path for private litigation.
May 6, 2021 Liability Litigation

How to Prevent a Minor Loss From Turning Into a Huge Claim

Although American inventor and Founding Father Benjamin Franklin was not referring to insurance when he penned the famous words ‘time is money,’ today’s risk managers should take the expression to heart if they wish to reduce their companies’ claims costs.
May 4, 2021 Liability Litigation Risk Management

Sexual Harassment and Discrimination Claims Pock the D&O Landscape

Directors and officers face a slew of challenges on all fronts as businesses emerge from the COVID-19 crisis into a new risk environment.
May 4, 2021 Excess & Surplus Lines Liability Litigation

Critical Analysis in the Claims Handling Process - One or Multiple Occurrences?

An issue that often arises when an insurer is determining whether a policy provides coverage for bodily injury or property damage under a liability policy is the number of occurrences that may be triggered under the policy.
May 4, 2021 Liability Litigation

11 Injured, 2 Critical in Tennessee Restaurant Deck Collapse

Eleven people were injured, two critically, when an elevated deck of a Tennessee waterfront restaurant collapsed during a birthday party group photo, authorities said.
May 3, 2021 Liability Property Subrogation Tennessee

California Controversy: Liability And Prescribed Burns

Across California, property owners and their ‘burn bosses’ are setting fires. When the weather is cool, calm and wet enough, these planned forest fires are designed to clear overgrown vegetation that could accelerate a wildfire in dry months.
April 26, 2021 Legislation & Regulation Liability California

7 Accused Of Running Car Insurance Fraud Ring In Fargo

Seven people face criminal charges in Fargo for allegedly running a car insurance fraud ring where they crashed into each other’s vehicles and collected insurance money for profit.
April 26, 2021 Auto Fraud Liability North Dakota
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