The Policyholder Perspective

Updates & thoughts on the full range of insurance coverage issues affecting commercial policyholders

Blog Authors

AB C D E F G HIJ K L MNO PQR S T U V WXYZ

Lilit Asadourian

Latest from The Policyholder Perspective

The Policyholder Perspective

Five COVID-19 business interruption appeals to keep an eye on

By Ashley Jordan & Jessica E. Gopiao

July 30, 2021

Corona Virus In Red Background - Microbiology And Virology Concept - 3d Rendering

More than a year has passed since COVID-19 first plagued the United States and impinged on the health of more than 34 million Americans. Hundreds of thousands of businesses have shuttered due to the pandemic. Policyholders have relied, and will continue to rely on their business interruption insurance policies to respond to their pandemic-related losses. In these unprecedented times, trillions are at stake with many policyholders calling on the courts to protect their rights. Reed…

The Policyholder Perspective

Consistency not a concern for insurers fighting COVID-19 business loss claims, but policyholders can take advantage of divergent coverage positions

By David E. Weiss, Adrienne N. Kitchen & Andrew Barrios

June 29, 2021

Under standard property policies, insurers are broadly claiming that the pollution exclusion applies to bar coverage for losses caused by the COVID-19 pandemic. But the insurer in Essentia Health v. ACE American Insurance Company, which involved a Premises Pollution Liability Portfolio Insurance Policy, made the precise opposite argument. Essentia alleged that COVID-19 was a covered pollution condition, while ACE claimed that COVID-19 did not involve pollution. Essentia Health v. ACE American Insurance Company, No. 21-cv-207…

The Policyholder Perspective

FCA v. Arch and others – The UK Supreme Court’s final word on business interruption insurance losses in light of the COVID-19 pandemic

By Peter Hardy, Margaret Campbell, Mark Pring, Laura-May Scott, Catherine Lewis, Emily McMahan, Charlotte Stewart-Jones & Thomas Morgan

February 3, 2021

https-www-policyholderperspective-com-wp-content-uploads-sites-14-2021-02-london_478213873-scaled-jpg

The United Kingdom Supreme Court (UKSC) handed down its judgment on 15 January 2021 in The Financial Conduct Authority v. Arch Insurance (UK) Limited and Others. This test case was brought by the FCA on behalf of SME business interruption (BI) policyholders who have suffered financial losses as a result of COVID-19. The High Court judgment was handed down on 15 September 2020, with the special direct appeal to the UKSC taking place on…

The Policyholder Perspective

Recent pro-policyholder COVID-19 business interruption decisions

By Matthew B. Weaver & Jessica E. Gopiao

December 10, 2020

https-www-policyholderperspective-com-wp-content-uploads-sites-14-2020-12-corona-virus_1203426591-1600x640-v04-jpg

The COVID-19 pandemic has caused a wave of business interruption lawsuits, particularly between policyholders and their insurance companies. Initially, the nationwide trend was in favor of insurance companies, but recent decisions confirm that policyholders are gaining traction. Policyholder arguments gather steam in court One of the pioneer lawsuits, for example, recently survived a summary judgment motion. In Cajun Conti LLC v. Certain Underwriters at Lloyd’s of London, No. 2020-02558 (La. Civ. Dist. Ct., Orleans Parish,…

The Policyholder Perspective

D&O insurance basics (Part 2)

By Andy Moss & Carolyn Rosenberg

August 11, 2020

https-policyholderperspective-reedsmithblogs-com-wp-content-uploads-sites-14-2020-08-boardroom_918898646-800x400px-jpg

Directors’ and officers’ liability (D&O) insurance protects the personal assets of corporate directors and officers in the event of a lawsuit or other “claim” made against them for, among other things, an alleged breach of their duties in managing the organization. D&O insurance directly covers individual directors and officers for their defense costs, judgments against them, and settlements when they cannot be indemnified by the company, and also covers the company to the extent it…

The Policyholder Perspective

D&O insurance basics (Part 1)

By Carolyn Rosenberg & Andy Moss

July 28, 2020

https-policyholderperspective-reedsmithblogs-com-wp-content-uploads-sites-14-2020-07-bnr_directors-and-officers-liability-do-insurance-application-form_1134608623-jpg

This is the first of two posts discussing several major aspects of directors’ and officers’ liability (“D&O”) insurance coverage. Companies approaching a policy renewal deadline, looking to place D&O insurance for the first time, considering increasing the size or structure of an existing D&O insurance program, or otherwise evaluating their overall risk management strategy may find it useful to review some basic features of D&O insurance and potential enhancements. Why is D&O insurance important? D&O insurance…

The Policyholder Perspective

COVID-19 event cancellation insurance – good news and bad news

By Mark Pring, Elizabeth F. Vieyra & Anthony B. Crawford

June 25, 2020

https-policyholderperspective-reedsmithblogs-com-wp-content-uploads-sites-14-2020-06-empty-theater-chairs_530640869_800x400px-jpg

A concert promoter cancels a sold-out show of a world-renowned recording artist, reimbursing millions of dollars in ticket sales as a result. If the reason for the cancellation was COVID-19, does insurance cover that? Event Cancellation Insurance Basics Event cancellation insurance generally provides coverage only when there has been a triggering event under the policy. Some policies are written, for example, to only cover cancellations caused by rain or bad weather. Other event cancellation policies…

The Policyholder Perspective

Join us for an on-demand webinar “What policyholders really need to know about insurance for COVID-19”

By Elizabeth F. Vieyra

June 17, 2020

https-policyholderperspective-reedsmithblogs-com-wp-content-uploads-sites-14-2020-06-008232_download-and-format-images-for-social-media_sk_bnr-jpg

Reed Smith Insurance Recovery partners John Shugrue, John Ellison, Amber Finch, Richard Lewis, and Matthew Weaver offer discussion and analysis on key issues relevant to businesses seeking, or evaluating whether to seek, coverage for COVID-19 losses. This webinar is available on demand and you can register here. Here’s a brief summary of the topics addressed in the webinar: Business interruption coverage and the physical loss/damage trigger (presented by Richard Lewis) Business interruption insurance provides coverage…

The Policyholder Perspective

Pollution exclusion should not preclude coverage for virus-related claims

By Mike Sampson

April 3, 2020

Faced with mounting claims for insurance coverage as a result of the novel coronavirus (COVID-19) outbreak, commercial insurers are likely to search for any policy provision that they think will enable them to avoid paying virus-related claims. One provision that insurers ultimately may invoke in an attempt to deny such claims is the so-called “pollution exclusion” – an exclusion that can be found in both commercial general liability (CGL) insurance policies and property insurance policies. …

The Policyholder Perspective

Are you covered? Cannabis industry must prepare for cyberattacks in 2020

By Mike Sampson

February 7, 2020

Experian Data Breach Resolution (Experian) has identified its “top data breach trends of 2020,” and the cannabis industry should take note. In its “Data Breach Industry Forecast 2020,” Experian predicts that “we will see many burgeoning industries, such as cannabis retailers, cryptocurrency entities, and even some environmental organizations targeted for cyberattacks as a result of online activism or ‘hacktivism.’” In recognition of this risk, cannabis retailers as well as other cannabis-related businesses should – in…

The Policyholder Perspective

Updates & thoughts on the full range of insurance coverage issues affecting commercial policyholders

Blog Authors

Five COVID-19 business interruption appeals to keep an eye on

Consistency not a concern for insurers fighting COVID-19 business loss claims, but policyholders can take advantage of divergent coverage positions

FCA v. Arch and others – The UK Supreme Court’s final word on business interruption insurance losses in light of the COVID-19 pandemic

Recent pro-policyholder COVID-19 business interruption decisions

D&O insurance basics (Part 2)

D&O insurance basics (Part 1)

COVID-19 event cancellation insurance – good news and bad news

Join us for an on-demand webinar “What policyholders really need to know about insurance for COVID-19”

Pollution exclusion should not preclude coverage for virus-related claims

Are you covered? Cannabis industry must prepare for cyberattacks in 2020

Stay Connected

Company

Products

Support

New to the Network