On Nov. 23, 2021, the New York Court of Appeals sided with the policyholder, resolving a decades-long insurance coverage dispute, J.P. Morgan Sec. Inc. v. Vigilant Ins. Co., __ N.E.3d __, 2021 N.Y. Slip Op. 06528, 2021 WL 5492781 (Nov. 23,
Pro Policyholder
Pro Policyholder, published by McGuireWoods LLP, focuses on insurance coverage issues relevant to policyholders, particularly in complex commercial contexts. The blog covers topics such as representations and warranties insurance (RWI) disputes in mergers and acquisitions, insurance recoveries related to regulatory or government-mandated operational changes, and court rulings that affect insurers' duties to defend and indemnify. It also addresses emerging risks and insurance implications for new technologies and infrastructure, including AI data centers. The content is aimed at helping corporate policyholders understand and navigate insurance claims, coverage defenses, and risk transfer strategies.
Latest from Pro Policyholder - Page 6
Delaware Court Holds Parties Cannot Negotiate Away Fraudulent Inducement Claims
By Aaron Jaroff
In an Aug. 12, 2021, opinion, the Delaware Chancery Court examined two seller-friendly purchase agreement provisions and held that public policy and Delaware law prevented the seller from invoking the provisions to block well-pled allegations of fraudulent inducement.
Cyber-Insurance Considerations for Healthcare Providers Related to Ransomware Attacks
On May 7, 2021, the operator of a major pipeline system that transports fuel across the East Coast fell victim to a ransomware attack that resulted in a six-day shutdown. Over the following week, East Coast stockpiles of gasoline dropped…
High Court’s Upcoming Decision May Have Major Impact on Foreign Arbitrations
On March 22, 2021, the U.S. Supreme Court granted a petition for writ of certiorari in Servotronics, Inc. v. Rolls-Royce PLC, a decision that will likely resolve a circuit split over the power of an arbitrator to issue third-party discovery subpoenas…
Arbitration vs. Litigation: More Than Just a Preference for RWI Policyholders
On Jan. 15, 2021, a New York state court judge issued an opinion denying an insurer’s motion to dismiss a claim for coverage under a representations and warranties insurance (RWI) policy in WPP Group USA, Inc. v. RB/TDM Investors, LLC et al. More…