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Recent Attorney-Client Privilege Cases Show The Risks Of Insurance Counsel Authoring Denial Letters
Dinsmore & Shohl LLP, February 2021

Claims of bad faith present unique challenges for insurers (and their counsel) with respect to attorney-client privilege: if the insurer’s state of mind is at issue, is the legal advice on which the insurer relied also at issue, thereby waiving the privilege? And if so, under what circumstances? The following addresses this issue in the context of a common practice for insurance counsel—authoring denial letters—and two recent holdings that should serve as warnings in th

Coronavirus: Business Interruption Insurance and COVID-19
PLMJ, February 2021

The judgment of the United Kingdom Supreme Court On 1 May 2020, the Financial Conduct Authority (“FCA”), the body that oversees the insurance industry in the United Kingdom, announced that it wanted to obtain a ruling from the English courts on the meaning and effect of the sample of business interruption clauses that it selected from eight insurers in particular...

UK Supreme Court Rules on Insurance Policy Wording for Business Interruption Losses due to COVID-19
Deacons, February 2021

A recent UK Supreme Court Judgment, the Financial Conduct Authority v Arch Insurance (UK Ltd) & Ors [2021] UKSC 1, clarified whether a variety of insurance policy wordings cover business interruption losses resulting from the COVID-19 pandemic and public health measures taken by UK authorities in response to the pandemic from March 2020...

Year in Review: Top Insurance Cases of 2020
Hunton Andrews Kurth LLP, January 2021

Not surprisingly, COVID-19 business interruption insurance disputes dominated media headlines for most of 2020. Nonetheless, there were a number of other insurance rulings that will undoubtedly shape the coverage landscape. Policyholders enjoyed a number of significant wins including significant victories related to COVID-19 business interruption cases. The start of a new year gives us an opportunity to highlight some of 2020’s most notable coverage decisions...

Recent Federal Cases in the N.D. Ohio Split on COVID-19 Business Interruption Insurance Coverage
Dinsmore & Shohl LLP, January 2021

Two federal cases in the Northern District of Ohio recently reached very different conclusions on whether the state’s COVID-19 shutdowns of restaurants permit valid claims for business interruption insurance coverage. Reviewing essentially the same facts and policy provisions, one court found for the insurer, holding no coverage to exist. The other found for the policyholder, awarding coverage. The opposite results will no doubt lead to further upcoming appellate activity in Ohio...

Court Finds in Favor of Restaurants Seeking Coverage for Loss of Business Income
Hanson Bridgett LLP, January 2021

In a scenario that has played out across the country for nearly a year now, a group of restaurants based in Ohio were ordered by government authorities to close their on-site dining operations to abate the spread of the coronavirus. However, when the restaurants sought insurance coverage for their loss of business income, their insurer, Zurich American Insurance Company, denied coverage. Last week, the U.S...

Business Interruption Insurance Cover: Supreme Court FCA Test Case Decision
Shoosmiths LLP, January 2021

The Supreme Court has handed down its much anticipated decision relating to the coverage of business interruption insurance claims made following the COVID-19 pandemic. A key question was whether the Supreme Court ruling would finally provide the clarity that the expedited test case sought to achieve for both policyholders and insurers. The good news for all is that the Supreme Court has indeed provided much more clarity in relation to most issues...

Proof by Sampling in Construction Cases
Shoosmiths LLP, January 2021

How does one resolve a dispute involving thousands of individual items where it is impractical to deal separately with each one? A recent decision in the Technology and Construction Court provides some guidance - but raises further questions. The case is Standard Life Assurance Limited v Gleeds (UK)(a firm) and Others (December 2020, TCC). Standard Life had engaged Costain as its main contractor for the development of a large residential and retail development in Berkshire...

UIF Does a Payment Re-Run and Gives Clarity on COVID-19 TERS Benefits Over the Festive Season
ENSafrica, January 2021

The Unemployment Insurance Fund (“UIF”) has shed some light on what will happen to existing and outstanding COVID-19 Temporary Employer-Employee Relief Scheme (“TERS”) applications and payments, particularly over the festive season. We discuss the must-knows for employers below...

Adrian Azer and Michael Scanlon in Claims Journal: ‘Another COVID-19 Worry: What is My Deadline to File Suit?’
Haynes and Boone, LLP, January 2021

When the scope of the COVID-19 pandemic became apparent in March 2020, an avalanche of articles appeared in which many insurers took the position that there was no coverage for losses associated with the SARS-CoV-2 virus due either to a lack of physical loss or damage to property necessary to trigger coverage under most commercial property policies, or to the effect of virus exclusions found in many such policies...

Hunton Isurance Recovery Blog: Most Read in 2020
Hunton Andrews Kurth LLP, January 2021

Happy New Year! Not surprisingly, the Hunton Insurance Recovery Blog’s top ten most read posts of 2020 are dominated by COVID-19 business interruption insurance issues, as these disputes monopolized media headlines throughout the year. While 2021 shows promise for gaining control over the disease, the resulting insurance disputes are certain to remain center stage and our team will continue to report on material developments involving COVID-19 and other insurance coverage issues...

Continuous Trigger Theory, A ‘Grand Slam’ Approach to Recovery Under CGL Insurance?
Bradley Arant Boult Cummings LLP, December 2020

It behooves construction professionals, be they materials manufacturers, general contractors, or lower-tier subcontractors, to carry some form of commercial general liability insurance (“CGL Insurance”). Having such coverage alleviates some of the potential risk and financial exposure a construction professional carries on a particular project. That is, of course, unless the construction professional gets sued and the insurer refuses to pay...

The Arrival of the Long Awaited KBLI Numbers in Fintech
Makarim & Taira S., December 2020

On 24 September 2020, Statistics Indonesia (Badan Pusat Statistik - “BPS”) issued BPS Regulation No. 2 of 2020 on Indonesian Standard Business Classifications (Klasifikasi Baku Lapangan Usaha Indonesia - “KBLI”), which is known as the 2020 KBLI. The 2020 KBLI came into force on its issuance date and revoked BPS Regulation No. 95 of 2015 on the KBLIs, as amended by BPS Regulation No. 19 of 2017, which is known as the 2017 KBLI...

Insurer's Duty to Defend: Bill 82 Opens the Door to Possible Limitations
Lavery Lawyers, December 2020

On December 10, 2020, the Minister of Finance, Éric Girard, introduced and tabled Bill 82 entitled An Act respecting mainly the implementation of certain provisions of the Budget Speech of 10 March 2020 (hereinafter the " Bill" ) before the National Assembly. The Bill opens the door to possible limitations on the duty to defend with respect to certain categories of liability insurance contracts to be determined by regulation...

An Active Year For Health Care Antitrust Enforcement
Bradley Arant Boult Cummings LLP, December 2020

All eyes were on health care in 2020, as the industry faced unprecedented challenges presented by the global coronavirus pandemic. Stories and images of overburdened frontline health care workers dominated the news cycle for most of the year, and the rapid development of one or more seemingly effective vaccines has engendered a cautious optimism for a return to normalcy in 2021...

Hunton Insurance Recovery Blog: Updates, Analysis and Breaking News for Commercial Policyholders
Hunton Andrews Kurth LLP, December 2020

This Client Alert is a monthly update on insurance recovery developments as posted on the Hunton Insurance Recovery Blog. If you would like to receive email alerts when new posts are published, please visit our blog and enter your email address in the subscribe field...

States Enact Statutes that Protect Landlords from COVID-19 Premises Liability Claims
Bradley Arant Boult Cummings LLP, November 2020

A minority of states have enacted statutes and taken other action to protect business owners from claims by persons who allegedly were infected by COVID-19 on their premises.1 The purpose of this article is to compare these statutes and discuss some of the differences between them. This article addresses statutes in effect as of October 27, 2020. The article does not address pending legislation...

Hunton Insurance Recovery Blog: Updates, Analysis and Breaking News for Commercial Policyholders
Hunton Andrews Kurth LLP, November 2020

The top three most read articles for the month were:  Policyholders Pump Out Another COVID-19 Litigation VictoryA Pennsylvania trial court denied an insurer’s early attempt to lunge out of coverage for COVID-19 business interruption losses suffered by a fitness center, stating it would be premature for the court to resolve factual determinations the insurer raised in its demurrer. Ridley Park Fitness, LLC v. Philadelphia Indemnity Insurance Co., No...

New Russian Insurance Market Opportunities for Foreign Insurers
ALRUD Law Firm, November 2020

The Russian insurance market is facing fundamental changes that will reshape the industry, by creating new opportunities for foreign insurance companies to operate in Russia. Within the framework of its obligations as a WTO member state, Russia must allow access of branches of foreign insurers, from WTO countries, to the Russian insurance market, by August 2021...

Big Win for Restaurant Policyholders in COVID-19 Litigation in North Carolina
Bradley Arant Boult Cummings LLP, October 2020

A North Carolina court has required Cincinnati Insurance Company to provide business interruption and extra expense coverage to 16 North Carolina restaurants that lost the use of and access to their properties due to COVID-19 civil authority orders (see North State Deli, LLC, et al. v. Cincinnati Insurance Co. et al.)...

COVID-19 and Unprecedented: Litigation Insights, Issue 28
Spilman Thomas & Battle, PLLC, October 2020

This 28th edition of Unprecedented, our weekly update on COVID-19-related litigation, includes a number of updates on the mounting number of business interruption coverage disputes -- including a claim against a broker whose alleged failure to obtain infectious disease coverage left the insured without coverage for COVID-19-induced losses...

Insurer Remedies for Fraudulent Claims
MinterEllisonRuddWatts, October 2020

In its recent decision in Taylor v Asteron Life Ltd,[1] the Court of Appeal discusses the fraudulent claims rule – the first time that this rule has been considered in any detail by an appellate court in New Zealand. The Court held that under this rule, a term is implied into every insurance contract, requiring the insured to act honestly when making a claim...

Court of Appeal Clarifies the Effect of Aggregation Clauses
MinterEllisonRuddWatts, October 2020

In Moore v IAG New Zealand Limited, the Court of Appeal provides helpful guidance on how aggregation clauses in insurance policies are to be interpreted and applied. Background This case concerned the plaintiff’s home, which was damaged in the February 2011 and June 2011 Christchurch earthquakes. Approximately $2.08 million of damage was caused by the February earthquake and $2.77 million of damage was caused by the June earthquake...

Regulatory Update: Progress on Financial Advice and Conduct Regimes Despite COVID-19 Delays
MinterEllisonRuddWatts, October 2020

In this article, we examine the progress of key regulatory changes for insurers and other financial institutions, and the further delays resulting from COVID-19. When New Zealand finished the first lockdown in May, regulators indicated that proposed law changes would be delayed due to COVID-19 but remained optimistic that progress could be made towards the end of this year. However, with the second lockdown for Auckland in August, further delays are expected...

Tribunal Requires Claimants to “Prove Their Case”
MinterEllisonRuddWatts, October 2020

In a recent decision, the Canterbury Earthquakes Insurance Tribunal has reiterated that claimants must substantiate their claims against insurers and other parties. The decision also underscores the Tribunal’s pragmatic approach in determining claims. The claim The Cowies’ company owned a property in Canterbury which allegedly suffered damage in the 4 September 2010 earthquake...

 

 

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