Unfortunately, we again write while wildfire is devouring homes and businesses in Napa and Sonoma, and threatening many more. We’ve previously posted tips about first steps that you should take in the event your business has suffered a fire loss. We want to provide this refresher, as prompt action is important to preserve your business’ rights under its insurance policies and to maximize its ultimate insurance recovery. If your business has sustained a fire loss,…

Policyholder Perspective

COVID-19 Exposure and GL Coverage: Issues for Personal Injury Claims

By Nathan Anderson & Tyler Gerking

April 27, 2020

Though much of the conversation regarding insurance coverage for COVID-19-related losses has focused on the potential for business interruption-type coverage (see prior discussion here), insureds should not overlook the potential that COVID risks trigger other types of coverage. For example, as previously discussed here, some insureds may seek coverage under D&O policies should they face securities and derivative-type claims. In addition to the forms of coverage we’ve previously blogged about, businesses who have…

Policyholder Perspective

Directors & Officers Liability Issues and the Coronavirus: Is That a “Thing”?

By Mary McCutcheon

March 18, 2020

Protection-Level-High-shutterstock-Blog_113739760

Over the last few weeks we have seen a number of informative articles discussing the crucial issue of coverage for business interruption claims arising out of government shutdowns of businesses to inhibit the spread of COVID-19, here. As the economic disruption from these efforts continues, however, we are likely to see impacts in the Directors & Officers Liability market – not only from claims that trigger D&O policies, but also additional challenges in placements…

Policyholder Perspective

Business Interruption Coverage for the Coronavirus (COVID-19)

By Raymond Sheen

March 13, 2020

Are You Ready-shutterstock_223838977-Blog

The coronavirus (COVID-19) has already caused severe disruption to the economy. In the U.S., governmental entities as well as the private sector are implementing more and more drastic measures to respond to the coronavirus. While these efforts may be wise in light of the substantial public health concerns, they threaten to bring parts of the economy to a virtual halt, adversely impacting most every business and resulting in substantial losses. The Organization for Economic Cooperation…

Policyholder Perspective

Time to Check Your Cyber Insurance

By Tyler Gerking

March 4, 2020

Damages for Permit Revocation Constitute Covered “Loss of Use”

The cyber insurance markets are beginning to adapt to the new California Consumer Privacy Act (CCPA) which went into effect on January 1, 2020. There is great variation in how cyber insurance policies currently address risks under the CCPA. And further developments are expected as the law begins to impact companies under its jurisdiction—that is, companies that, regardless of their location, are for-profit, collect data from California residents, and either have annual revenue of at…

Policyholder Perspective

Another Federal Circuit Finds Phishing Loss Covered Under Crime Policy

By Patrick Loi

February 3, 2020

Companies of all sizes have fallen victim to attacks whereby fraudsters will use deceptive communications, such as spoofed emails, to trick an employee into transferring money into the fraudsters’ control. While these increasingly prevalent schemes are an ever-present risk for businesses, the body of case law finding these losses covered under crime insurance policies continues to develop. In a previous post, we discussed decisions from the Second Circuit and Sixth Circuit that have found…

Policyholder Perspective

Wine ‘Smoke Taint’ Blurs Insurance Coverage Distinctions

By Tyler Gerking

January 31, 2020

In an article I wrote for the North Bay Business Journal’s Vine Notes column, I review the issues around insurance coverage for smoke taint damage to grapes and wine. Insurers’ attempted clean lines of distinction can quickly become hazy when it comes to smoke taint. Now that we are just over two years past the 2017 wildfires in Napa and Sonoma, it is a good time to review how this issue is developing. Read the full…

Policyholder Perspective

Are Losses Resulting from Phishing Incidents Covered by Crime Policies Insuring Against Computer Fraud?

By Patrick Loi

November 25, 2019

It is an all-too-common dilemma. As phishing schemes have become more prevalent and more sophisticated, businesses of all sizes have fallen victim to these attacks where a fraudster will use a spoofed email or other deceptive communication to trick an employee into transferring money into the fraudster’s control. While this is a difficult scenario for anyone to face, two decisions from federal circuit courts have offered policyholders some relief by finding coverage for these losses…

Policyholder Perspective

Reimbursement of Employment-Related Expenses Is Not a “Wage and Hour” Claim Within the Meaning of EPLI Exclusion

By Shanti Eagle

October 7, 2019

A recent California appellate court decision found that a wage and hour exclusion in an Employment Practices Liability Insurance (“EPLI”) policy did not bar coverage for claims under California Labor Code sections 2800 and 2802 alleging failure to reimburse expenses. S. Cal. Pizza Co., LLC v. Certain Underwriters at Lloyd’s, London Subscribing to Policy No. 11EPL-20208, Case No. G056243, 2019 WL 4572859 (Cal. Ct. App. Aug. 27, 2019), as modified on denial of reh’g (Sept. 20, 2019). This…

Policyholder Perspective

California Supreme Court Ruling Clarifies That the Notice-Prejudice Rule Is a Fundamental Public Policy That May Override Choice of Law Provisions

By Nathan Anderson

September 9, 2019

In Pitzer College v. Indian Harbor Insurance Company, the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule[1] is a fundamental public policy of California, and (2) it concluded that the notice-prejudice rule applies to consent provisions, but only in first-party policies. This decision provides three primary lessons to insureds. First, when a first-party insurer cites a strict notice provision as a complete bar to coverage,…

Policyholder Perspective

Insights and Issues in Commercial Insurance Coverage

Blog Authors

Maximizing Business Insurance Coverage Benefits After a Fire

COVID-19 Exposure and GL Coverage: Issues for Personal Injury Claims

Directors & Officers Liability Issues and the Coronavirus: Is That a “Thing”?

Business Interruption Coverage for the Coronavirus (COVID-19)

Time to Check Your Cyber Insurance

Another Federal Circuit Finds Phishing Loss Covered Under Crime Policy

Wine ‘Smoke Taint’ Blurs Insurance Coverage Distinctions

Are Losses Resulting from Phishing Incidents Covered by Crime Policies Insuring Against Computer Fraud?

Reimbursement of Employment-Related Expenses Is Not a “Wage and Hour” Claim Within the Meaning of EPLI Exclusion

California Supreme Court Ruling Clarifies That the Notice-Prejudice Rule Is a Fundamental Public Policy That May Override Choice of Law Provisions

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