Specialty Lines

Expert Analysis

• COVID-19 Claims Reach Entire Insurance Coverage Spectrum

  Excerpt from Practical Guidance

  

  COVID-19's impact on public health and business is triggering a barrage of insurance claims across virtually all traditional coverage areas, with each type of policy featuring unique weaknesses, says LexisNexis insurance consultant Karen Yotis.

• Delaware Dole Ruling Will Guide Allocation In D&O Policies

  

  In a dispute between Dole Food and certain excess insurers of a directors and officers insurance policy, the Delaware Supreme Court recently interpreted an explicit allocation provision and articulated a rule that will instruct both insurers and insureds, say Brian Scarbrough and Huiyi Chen at Jenner & Block.

• 8 Possible Paths To Insurance Coverage For COVID-19 Losses

  

  At least some insurance policies are almost certain to apply to coronavirus-related losses, and a few hypothetical situations explain how, say attorneys at Covington.

• NJ Cos. May Have Insurance Coverage For COVID-19 Losses

  

  Two New Jersey cases from 2009 and 2014 indicate that the physical injury requirement under property insurance policies may be interpreted broadly enough to apply to losses resulting from the coronavirus crisis, say Robert Chesler and Nicholas Insua at Anderson Kill.

• Dealing With D&O Liability Caused By COVID-19 Pandemic

  

  As directors and officers face compliance challenges in fulfilling their fiduciary duties amid the coronavirus outbreak, they must be mindful of U.S. Securities and Exchange Commission requirements — despite recent filing deadline relief — and D&O insurance considerations, say attorneys at Kelley Drye.

• Insurance Ruling Handles Ransomware Coverage Logically

  

  A Maryland federal judge's recent decision in National Ink and Stitch v. State Auto is among the first to hold that a business owner's insurance policy covered ransomware attack losses, utilizing well-reasoned analysis to demonstrate that coverage for cyberrisks can be found in traditional insurance contracts, say attorneys at Jaszczuk.

• 11th Circ. Insurance Ruling Views Cybercrime Realistically

  

  The Eleventh Circuit's recent opinion in Principle Solutions v. Ironshore demonstrates courts' willingness to adopt a reasonable view of insurance coverage for cybercrime, while the dissent serves as a warning against outdated provisions, say Patrick Cordova and Caroline Meneau of Jenner & Block.

• Judging A Book: Dyk Reviews 'Democracy And Equality'

  

  In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

• Digital Asset Regulation Poses Challenges For Insurers

  

  The insurance industry is grappling with how to interpret and apply traditional insurance products to the recent string of enforcement actions and litigation related to initial coin offerings, say Jennifer Odrobina of Sompo International and David Buishas of BatesCarey.

• 5 Tips For Maximizing Insurance Claims In A Hard Market

  

  As policyholders experience increases in premiums, reduced capacity and more restrictive terms in all lines of insurance coverage, many are turning to new strategies to increase claims recovery, says Micah Skidmore of Haynes and Boone.

• Preventable Risks Your Law Firm May Be Overlooking

  

  Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

• NJ Ruling Does Not Bode Well For 'Stranger' Life Policies

  

  Since the height of stranger-originated life insurance policies over a decade ago, states have not provided much guidance on the legality of existing policies. However, the New Jersey Supreme Court's recent decision in Sun Life v. Wells Fargo finding such policies invalid could influence other states to follow suit, say attorneys at Cozen O'Connor.

• Ransomware Poses Tough Choices For State, Local Gov'ts

  

  This year, more than 70 state and local governments have been targeted by ransomware attacks. Despite a flood of legislation aimed at the problem, many state and local government information technology leaders still lack the funding and cybersecurity talent they need, says Korey Clark of State Net Capitol Journal.