Businesses of all sizes are now commonly purchasing “cyber insurance” coverage to protect against financial losses from data security incidents. But these policies—which are not written on standardized forms—can vary widely in what they cover. Here are some common gaps
The Northwest Policyholder
A legal blog focused on insurance coverage issues in the Pacific Northwest
The Northwest Policyholder, published by Miller Nash Graham & Dunn LLP, focuses on insurance law and policyholder rights, particularly in the Pacific Northwest. The blog covers topics such as insurance coverage disputes, interpretation of insurance policy language, business income loss claims related to events like COVID-19 and natural disasters, additional insured endorsements, and legislative developments affecting insurance claims. It also addresses industry-specific insurance issues, including those impacting sectors like construction and cannabis businesses. The blog provides updates on relevant court decisions, legislative proposals, and practical guidance for policyholders navigating complex insurance recovery matters.
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Considering Employment Practices Liability Insurance? Some Things to Consider.
The upsurge in sexual harassment complaints and gender-based pay discrimination has many employers understandably concerned about their exposure. More and more employers are looking to protect themselves against employment-related claims using Employment Practices Liability (EPL) insurance. The attorney fees alone…
In-House Counsel: Take Care in Contracting for Additional Insured Coverage from Foreign Suppliers
Most businesses, and particularly retailers, require that their suppliers name the retailer as an “additional insured” on the supplier’s general liability policy. This means that if a customer is injured because of the supplier’s product, and the customer sues the…
Lessons in Contracting for Additional Insured Status from New Oregon Case
The dispute in Security National Insurance Company v. Sunset Presbyterian Church, __ Or. App.__ arose out of construction claims involving a church, its general contractor, a subcontractor, and the subcontractor’s liability insurer. In an underlying lawsuit, the church brought claims…
“Contractors Special Conditions” Endorsement Sets Traps for Policyholders and Defense Counsel
An endorsement that has become common in general contractors’ insurance policies can function as a trap for both the policyholder and defense counsel. The “Contractors Special Conditions” endorsement requires that the policyholder must have written contracts with each subcontractor that…
Miller Nash Graham & Dunn Represents United Policyholders on Pollution Exclusion in Ninth Circuit
We are honored to represent United Policyholders (a non-profit advocacy organization for policyholders) on an issue of great concern to many of our commercial clients, and in particular those in the construction industry: the scope of the so-called “absolute pollution…
Insurance Coverage Can Help Businesses Impacted by Wildfires or Hurricanes
Many Northwest businesses are being impacted by the wildfires close to home, by wildfires in other states, and by hurricanes in Texas, Florida and other Gulf states. Can commercial insurance help to mitigate losses from these natural disasters? In many…
Considering Cyber-Insurance After “WannaCry”? Here Are Things to Consider
Many businesses that previously resisted the urging of their insurance broker or (ahem) legal counsel to buy cyber-insurance are now re-thinking that strategy in the wake of the “WannaCry” ransom-ware attack that has been in the news. The damage in…
Important Policyholder Win in the Oregon Court of Appeals: Contractors—This Is Good News
On May 10, 2017, the Oregon Court of Appeals made several significant holdings in the appeal of an insurance policy garnishment proceeding. The court of appeals held that a liability insurer’s exclusion for multi-unit new residential construction was ambiguous and,…
Reducing Uninsurable Risks Part 1: Reputation—A Guest Post
Note: In the following guest post, Rob Fleming of the Clark Nuber consulting firm provides some guidance on how to manage one of the many “uninsurable” risks: reputational harm. We appreciate Rob’s willingness to contribute a guest post to our…