Advertising injury liability coverage offered under commercial general liability (“CGL”) policies is aimed at protecting companies against claims, often brought by competitors, alleging harm by purportedly derogatory statements in the policyholder’s advertisements. The statements, however, need not be expressly disparaging.
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.
Latest from Risk and Recovery - Page 5
Sixth Circuit Finds Excess Carrier Had Duty to Indemnify Insured for Property Damage Arising From Alleged Misrepresentations and Duty to Defend When Primary Carrier Wrongfully Denied Coverage
In a decisively pro-policyholder decision issued by the United States Court of Appeals for the Sixth Circuit in IMG Worldwide, Inc. v. Westchester Fire Ins. Co., Nos. 13-3832, 13-3837 (6th Cir. July 15, 2014), the court righted a wrong in…
SPECIAL EVENT: American Conference Institute’s 18th Forum on D&O Liability Insurance
September 30-October 1, 2014
John Failla is speaking on “Questions and Concerns Surrounding Side A Insurance: Assessing How Much Coverage Is Needed, Terms to Now Look For, Examining Its Use for Public Companies, Non-Profits, Private Companies and Law Firms, and…
New York’s High Court Finds Contractual Limitation Period Unenforceable, Where it Places Policyholder in Impossible Catch-22 Situation
How is a policyholder supposed to obtain coverage under a policy that requires the insured to bring its claim within two years of the loss and also imposes preconditions on bringing a claim that cannot reasonably be satisfied within two…
West Virginia High Court Examines Number Of Occurrences Under Liability Insurance Policy
This year, the Supreme Court of Appeals of West Virginia issued an important decision concerning whether a carbon monoxide leak is a single or multiple occurrence under a liability insurance policy. Kosnoski, et al. v. Rogers, et al., No. 13-0494. …
Mind Your Ds and Os: Policy Language Proves Determinative in Director and Officer Insurance Coverage
A recent pair of opinions from New York and Pennsylvania shows the importance of evaluating all parts of director and officer (D&O) insurance coverage, down to each definition. These cases, one holding for the insured and one for the insurer,…
New York’s High Court Holds That An Insurer’s Delay in Disclaiming Coverage Could Be Excused When The Delay Resulted From Unsuccessful Attempts To Secure The Policyholder’s Cooperation
Until recently, New York’s Insurance Law presented something of a dilemma for insurance companies concerning how quickly they were required to inform their policyholders that they were denying coverage for a claim. On the one hand, the law requires insurers…
Federal Judge Concludes Restitution May Be Covered Under Commonly Used Professional Liability Policy Language
A federal judge in Minnesota recently held that “restitution” paid to settle a class action lawsuit was covered under the terms of a professional liability policy. The court in U.S. Bank National Ass’n et al. v. Indian Harbor Ins. Co.…
SEC Commissioner Highlights Need for Cyber-Risk Management in Speech at New York Stock Exchange
As we’ve previously reported, cyber risks are an increasingly common risk facing businesses of all kinds. In a recent speech given at the New York Stock Exchange, SEC Commissioner Luis A. Aguilar emphasized that cybersecurity has grown to be…
New Jersey Court Holds that Six-Month Delay in Providing Notice to Carrier Bars Coverage under Claims-Made Policy
Policyholders often are cautioned to provide notice of a claim to their insurance carrier as soon as possible to avoid the risk that the carrier will deny coverage due to late notice. A recent court decision in New Jersey highlights…