All too often it is only when there is a major incident that businesses think about the terms of their insurance. However, it is important that businesses understand their insurance coverage obligations ahead of crises to ensure they don’t inadvertently
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Insurance takeaways from Supreme Court of Colorado decision in Gregory v. Safeco Insurance Co.
Earlier this year, in Gregory v. Safeco Insurance Co., the Supreme Court of Colorado addressed the question whether, under Colorado law, the notice-prejudice rule should apply to first-party property insurance claims under occurrence-based, homeowners’ insurance policies. 545 P.3d 942 (Colo.
Recovering from the CrowdStrike outage
This article provides an update to a post published on July 23, 2024 by Mark Pring, Andy Moss, and Cristina Shea, which can be found here.
It has now been over a month since cybersecurity technology company CrowdStrike rolled
Fearing Industry Solvency, Insurers Are Seeking to Leverage “Physical Loss or Damage” Rulings in the COVID-19 Context to Roll Back Historic Coverage Generally
When the COVID-19 Pandemic incepted, and issues arose as to whether affected policyholders could seek Business Income and Civil Authority coverage from the presence or suspected presence of SARS-CoV-2 and consequent orders of Civil Authority, I thought that the easiest
ECB USA v. Chubb: How the use of linguistics in insurance coverage disputes creates risks and uncertainty for corporate policyholders
Introduction
The Eleventh Circuit Court of Appeals’ recent decision in ECB USA, Inc. v. Chubb provides several important lessons for corporate policyholders faced with potential coverage issues arising from their consulting or professional services.
The issue in ECB was whether
Recovering financial losses caused by the CrowdStrike outage
In what is described as the largest cyber loss event in years, on Friday, July 19, 2024, customers of CrowdStrike and many others throughout the world discovered that they could not access critical software and enterprise systems to run their
Hit by a hurricane? You may have more coverage than you think
Hurricane Beryl has caused destruction in the Caribbean, Mexico and Texas. Continuing issues include power outages, both rolling and continuous, issues regarding access to clean water, severed communications, roads that remain impassable and issues accessing necessities like food and fuel.
Drafting errors must be clear and obvious – a brief look at the English Court of Appeal’s decision in Project Angel Bidco Ltd (In Administration) v Axis Managing Agency Ltd [2024 EWCA Civ 446]
Key Take-aways
Subrogation – The limits on stepping into someone else’s shoes
In this post, we take a look at an insurer’s right to subrogation – the mechanism that allows them to step into the shoes of the insured – and how, in particular circumstances, that right can be restricted.
We look
A blast from the past – unearthed: Court of Appeal dismisses University of Exeter’s appeal
In 1942, the Luftwaffe dropped a 1000kg high-explosive bomb onto farmland in the outskirts of Exeter.
Some 82 years later, the Court of Appeal has dismissed the University of Exeter’s appeal against the High Court decision in Allianz Insurance Plc