Sophisticated cyber crimes have been of great interest in the insurance world for the past decade, but relatively low-tech schemes are also a risk to policyholders and to insurers. Tricking an employee to transfer funds to an unauthorized account is
Insurance Coverage Notes and Developments
News and analysis of legal issues affecting the Insurance Industry
Insurance Coverage Notes and Developments, published by Dykema, focuses on legal issues related to insurance coverage disputes and developments. The blog covers court decisions interpreting insurance policy provisions such as exclusions, duties to defend, and claims-made requirements. It addresses topics including bad faith claims, reservation of rights, reimbursement of defense costs, and the application of contract exclusions in insurance policies. The blog also discusses litigation strategies and outcomes in insurance coverage cases across various jurisdictions, providing insights into how courts analyze and apply insurance law principles in complex factual scenarios.
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Assault on the Citadel? The Texas Supreme Court Agrees to Reconsider the “Eight Corners Rule”
Insurance practitioners in Texas are familiar with the so-called “eight corners rule” applied by Texas Courts to determine whether an insurer has a duty to defend a suit against its insured. The “eight corners rule” is simply summarized:
Under the…
Ain’t Going to Study War Exclusions No More… Or Are We? Universal Cable Productions LLC v. Atlantic Specialty Ins. Co. (9th Cir., July 12 2019)
Many insurance policies contain a “war exclusion,” which states that there is no coverage for loss resulting from “war,” “warlike action by a military force,” or “insurrection, rebellion, [or] revolution.” Does the exclusion apply when a militant faction—specifically Hamas—shoots rockets…
Federal Court Rejects Effort to Skirt a Policy’s Claims-Made-and-Reported Requirement
While courts on some issues may seem bent on finding coverage, there are some notable exceptions. Courts generally have faithfully applied claims-made-and-reported provisions even when an insured has had continuous coverage. An Arkansas federal district court recently did just that…
A Word to the Wise About Concurrent Causation
Hurricane Season 2019 is upon us as of June 1. NOAA’s crystal ball predicts an “average” hurricane season this year; to NOAA, “average” means “a likely range of 9 to 15 named storms (winds of 39 mph or higher), of…
Do TCPA Claims Trigger CGL Coverage? The California Supreme Court Agrees to Decide
By Jeffrey Ward
The California Supreme Court has agreed to decide for the first time whether class actions alleging violations of the Telephone Consumer Protection Act (“TCPA”)—which prohibits certain unsolicited fax, telephone or text message advertisements—are covered by a CGL insurance policy. See Yahoo!…
All Stop: Ruling on the Applicability of Exclusion to BIPA Claims Delayed
The fallout from the Illinois Supreme Court’s January 25, 2019, opinion in Rosenbach v. Six Flags Entertainment Corp., 19 IL 12316, continues. Rosenbach settled the dispute of who qualifies as an “aggrieved person” under the Illinois Biometric Information Privacy Act (“BIPA”), and in…