In the recent and significant Warren v DSG Retail Ltd [2021] EWHC 2168 (QB) decision the High Court in England clarified the limited circumstances in which claims for breach of confidence, misuse of private information and the tort of negligence might be
Risk and Recovery
Legal Insights for the Insured
The Risk and Recovery blog, published by Proskauer Rose LLP, focuses on legal issues related to insurance coverage, risk management, and recovery strategies. It covers topics such as insurance claims arising from property damage, business interruption, and liability issues including subcontractor defects and cyber-security breaches. The blog also addresses evolving case law on insurance policy interpretation, coverage gaps in directors and officers (D&O) and employment practices liability insurance (EPLI), and the enforceability of policy clauses like anti-assignment provisions. It provides insights on managing risks associated with natural disasters, corporate liability, and emerging legal challenges in insurance and risk recovery.
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New York Insurance Law: Under Construction
Imagine you hired a general contractor to renovate the master bathroom of your home. The general contractor hired a subcontractor to do the plumbing work, but the subcontractor botched the job, resulting in a massive leak causing extensive damage to…
Insurance Coverage in the Post-Weinstein Era
With new headlines involving sexual harassment and other inappropriate sexual conduct continuing to emerge on a daily basis, insurance coverage for claims that might emerge is something every company should consider.
Recently, media reports have discussed settlements of shareholder derivative claims against…
Five Ways to Prepare for Business Interruption and Property Damage Insurance Claims in a Natural Disaster
The extraordinary images and reports of the devastation from Hurricane Harvey have filled the news outlets. While the focus remains on the human toll and concern for the well-being of friends, colleagues and business partners who may be personally affected…
Another State Court Limits the Enforceability of Anti-Assignment Clauses
We recently wrote about the California Supreme Court’s decision in Fluor Corporation v. Superior Court to limit the enforceability of clauses in third party liability insurance policies that prohibit the policyholder from assigning its interests in the policy without the…
Seventh Circuit Issues Stern Warning For Insurers That Reject Their Duty to Defend
The first line of the Seventh Circuit’s opinion says it all: “This case provides a warning for insurance companies who refuse to defend their insureds.” As the court’s admonishment suggests, insurers that improperly refuse to defend an insured do so…
California Supreme Court Limits Enforceability of Anti-Assignment Clauses
In a unanimous decision handed down by the California Supreme Court yesterday afternoon in Fluor Corporation v. Superior Court, the court removed a significant obstacle facing companies that want to assign their interests in a third party insurance policy to…
Georgia Supreme Court Complicates Policyholders’ Ability to Settle Claims Brought Against Them
As we previously reported here, the U.S. Court of Appeals for the Eleventh Circuit asked the Georgia Supreme Court to weigh in on the coverage dispute in Piedmont Office Realty Trust, Inc. v. XL Specialty Insurance Co. concerning consent-to-settle…
Texas Says EPA Administrative Actions under CERCLA Trigger Duty to Defend
As any company facing EPA administrative action under CERCLA knows, the financial risk and defense costs associated with those proceedings can be the same as the risk and costs of an EPA lawsuit under CERCLA. But insurers have argued that…
Third Circuit Finds Insured v. Insured Exclusion Precludes Recovery of Defense Costs
Many corporate executives may be under the impression that the defense costs they incur when sued for actions taken in their role as officers of the company would be covered by a “Management Protection” insurance policy. The name of the…