For the 11th time in the last two years, the House has passed yet another short-term extension of the National Flood Insurance Program (NFIP). The NFIP remains the largest source of flood coverage in the U.S.; this extension through September 30, 2019, ensures that the program does not lapse during hurricane season. The NFIP makes federally subsidized flood insurance available in special flood hazard areas for participating communities. NFIP policies can be purchased directly from…

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Urgent Considerations with Harvey, Irma, and Maria Suit Limitations Deadlines Approaching

By Geoffrey Greeves & Brendan W. Hogan on May 21, 2019

Commercial Property and Business Interruption insurance policies customarily include suit limitations clauses to protect the insurer against lawsuits. These clauses may be found buried amid general conditions in the property form or in an endorsement. Their sole purpose is to shorten the otherwise longer statute of limitations and hinder your organization’s ability to challenge your insurance company’s decision not to fully pay your organization’s insured loss. Savvy risk managers, lawyers, and insurance professionals should keep…

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Christine Davis Named to General Council of Tort Trial and Insurance Practice

By Katherine J. Henry on February 6, 2019

We are pleased to announce that Christine Davis, an attorney on our Policyholder Insurance Coverage team in Washington, D.C., was recently selected to serve a three-year term as a member of the General Council of the Tort Trial and Insurance Practice Section (TIPS) of the American Bar Association, beginning in August 2019. The General Council is the section’s governing body, which oversees the work of the section to maintain its prominence in relevant fields and…

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It’s a Bird! It’s a Plane! But Is It Insured? California Case Reinforces Importance of Liability Coverage for Drone Operations

By Stephanie J. Dinan on January 14, 2019

As the popularity and diverse nature of drones increase, the liability risks associated with drone operations increase as well. A California federal judge recently held that a standard CGL aircraft exclusion barred liability coverage for injuries related to drone operations. The case arose out of a wedding reception gone wrong when a wedding photography company operated a drone to capture the big day. While the drone was hovering at eye level, a guest collided with…

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FEMA Reverses Halt to New Flood Policies during Shutdown; New Six-Month NFIP Extension Leaves Debate over Reforms to 116th Congress

By G. Benjamin Milam on January 2, 2019

Following criticism from industry groups and members of Congress, FEMA has retreated from a December 27 announcement that it would stop issuing new flood policies and renewals during the ongoing partial shutdown of the federal government. Meanwhile, a six-month extension passed by Congress and signed by President Trump on December 22 gives lawmakers through May 31, 2019, to reach consensus on possible reforms for the National Flood Insurance Program (NFIP). Costly natural disasters in recent…

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Debate over NFIP Reforms Likely to Extend into 2019

By G. Benjamin Milam & Stephanie J. Dinan on December 12, 2018

A new short-term extension through December 21 leaves the National Flood Insurance Program (NFIP) in limbo as Congress grapples with a lengthy to-do list in advance of the holidays. NFIP, the biggest source of flood coverage in the U.S., has been reauthorized through a set of short-term extensions in the last year as lawmakers debate the prospect of reforms to the program. NFIP has struggled to remain solvent in the wake of costly hurricanes, but…

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Policyholder Diligence Ensures You’re Insured

By Alexander G. Thrasher on November 29, 2018

Policyholders take notice – a recent New York case highlights the importance of thoroughly analyzing and understanding all policy language to minimize project risk and ensure proper coverage. As an illustration, the Court of Appeals of New York recently held that a named additional insured was not covered under an insurance policy because the plain meaning of the language in the policy endorsement required a written contract between the policyholder and the additional insured. In…

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Cyber Insurance: Court’s Recent Decisions May Change What Your Policy Covers

By Erin Jane Illman & Alex Purvis on October 2, 2018

Cyber incidents can take many forms—phishing, insider theft, SQL injection, malware, denial of service, session hijacking, credential farming, or just old fashion “hacking.” Although many of these attack vectors employ technical knowledge, some utilize deception to manipulate individuals into performing certain actions or divulging confidential information. Commonly referred to as “social engineering,” a perpetrator can exploit human behavior to pull off a scam. Oftentimes this comes as an email, which appears to be from a…

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National Flood Insurance Program Shows Continued Promise–and Limitations–for Businesses Recovering from Hurricane Loss

By G. Benjamin Milam on September 18, 2018

Following record-setting levels of rainfall in the Carolinas from Hurricane Florence, businesses both in and outside of affected areas will likely be reviewing their flood coverage to assess how it will respond to adverse weather events. Although private flood insurance is on the rise, the National Flood Insurance Program (NFIP) remains by far the biggest source of flood coverage in the U.S. NFIP was created in 1968 to address the problem of disaster relief costs…

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Coverage for Cannabis? How Cannabis’s Legal Limbo Affects Property Insurance Policies

By Alex Purvis, Whitt Steineker & D. Butler Sparks on September 17, 2018

A recent federal court of appeals’ decision raises interesting questions for all policyholders, particularly commercial and residential landlords with tenants that grow, possess, and/or distribute cannabis, even where it is legal to do so under state law. In K.V.G. Properties, Inc. v. Westfield Ins. Co., decided by the United States Court of Appeals for the Sixth Circuit on August 21, 2018, KVG claimed coverage for losses caused by its commercial tenant’s use of KVG’s…

It Pays to Be Covered™

DEVELOPMENTS AND TRENDS IN INSURANCE COVERAGE FOR COMMERCIAL POLICYHOLDERS

Blog Authors

The Wait for NFIP Reform Continues

Urgent Considerations with Harvey, Irma, and Maria Suit Limitations Deadlines Approaching

Christine Davis Named to General Council of Tort Trial and Insurance Practice

It’s a Bird! It’s a Plane! But Is It Insured? California Case Reinforces Importance of Liability Coverage for Drone Operations

FEMA Reverses Halt to New Flood Policies during Shutdown; New Six-Month NFIP Extension Leaves Debate over Reforms to 116th Congress

Debate over NFIP Reforms Likely to Extend into 2019

Policyholder Diligence Ensures You’re Insured

Cyber Insurance: Court’s Recent Decisions May Change What Your Policy Covers

National Flood Insurance Program Shows Continued Promise–and Limitations–for Businesses Recovering from Hurricane Loss

Coverage for Cannabis? How Cannabis’s Legal Limbo Affects Property Insurance Policies

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