Coverage

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Breakaway Church Denied Coverage Under Directors and Officers Policy of Original Congregation

To obtain insurance coverage, you have to be an insured under the insurance policy. Pretty fundamental.  Successor and affiliate rights to coverage under the existing insurance policy is a big issue.  Determining who is an insured is fundamental to coverage.  In a recent case, the First Circuit had to decide whether a new church, which … Continue Reading

Sixth Circuit Holds Insurers Have Duty to Defend City in Malicious Prosecution Action

Many municipalities protect their police force by purchasing insurance for law enforcement liability.  This coverage protects the municipality against law suits seeking damages for injuries resulting from law enforcement activities or operations caused by a wrongful act that is commented while conducting law enforcement activities.  Just exactly what is an injury that triggers coverage was … Continue Reading

California Supreme Court Holds Horizontal Exhaustion Not Needed – Vertical Exhaustion Rules

On April 6, 2020, the California Supreme Court issued its decision in Montrose Chemical Corp. of California v. Superior Court, No. S244737.  It ruled that in the continuing loss context, California law permits a policyholder to seek indemnification under any excess policy once it has exhausted the underlying excess policies in the same policy period.  … Continue Reading

No Professional Liability Coverage for Bank After DOJ Settlement of Mortgage Certification Violations

Professional liability policies provide coverage for wrongful acts undertaken by the insured in the performance of professional services.  In the medical and legal fields, professional services are generally clear.  In other professional contexts professional services may not be as clear.  In a recent case, the Fifth Circuit Court of Appeals addressed whether professional liability coverage … Continue Reading

A Split Eighth Circuit Affirms Insurer Had a Duty to Defend County Against a 1983 Case

Liability insurance policies, especially directors and officers and other types of errors and omissions policies, often have provisions that deem related acts to constitute one wrongful act.  How that provision applies is fact specific, but its application can make a difference in determining which insurance policy must defend an underlying claim.  In a recent case, … Continue Reading

No Coverage Under Directors and Officers Policy For TCPA Law Suit Settlement

Companies that bring marketing campaigns using unsolicited faxes tend to end up in putative class actions under the Telephone Consumer Protection Act (“TCPA”).  Many companies use vendors to design and implement those campaigns.  Those vendors are not always named in the TCPA action.  What happens when the TCPA action settles and the vendor contributed to … Continue Reading

Can Fear or Emotional Distress Associated With COVID-19 Be a “Bodily Injury”?

With the United States now having the highest number of confirmed infections in the world, the nation now finds itself in the throes of the COVID-19 pandemic. In this blog post, we continue to explore potential COVID-19 insurance coverage issues, this time focusing on whether fear of contracting COVID-19 alone or emotional damages caused by … Continue Reading

No Coverage for Insured’s TCPA Defense Says Pennsylvania Federal Court

Policyholders will look to their insurers when they are sued for unsolicited faxing under the Telephone Consumer Protection Act (“TCPA”).  Do they have insurance coverage?  That depends on the policy, but TCPA coverage is hard to come by.  That doesn’t stop policyholders from trying.  In a recent case, a Pennsylvania federal court put an end … Continue Reading

COVID-19 Coverage Litigation Escalates

As the COVID-19 pandemic brings about more shutdown orders, non-essential businesses that have been shut because of government orders are fighting to obtain insurance coverage.  The first four cases brought were declaratory judgment actions seeing orders that their policies covered the suspension of their businesses.  The latest case, however, goes a two steps further and … Continue Reading

Whether a Partial or Complete Cessation of Business Is Required for BI Coverage – COVID-19

With the COVID-19 pandemic showing few signs of slowing down in the immediate future, reality is starting to settle in on businesses and governments. As Congress and various state legislatures continue to discuss legislation aimed at remedying the economic damage caused by the pandemic, many businesses are grappling with extensive interruptions to their operations. In … Continue Reading

Actual Cash Value: Is the Cost of Labor Part of Depreciation? The Courts Are Divided

Depreciation typically is deducted from the actual cash value (“ACV”) of property when the insured elects to have its property damage claim paid on an ACV basis.  No one doubts that depreciation includes the cost of materials.  The question is, however, whether the cost of labor can be depreciated as well.  In a few recent … Continue Reading

COVID-19 and Waiting Periods Under Business Interruption Coverage

As the COVID-19 pandemic continues, businesses and governments are acting to flatten the curve.  Recently, California, the largest state by population, implemented an extensive quarantine statewide, affecting over 40 million people.  New York and other states and municipalities also have issued similar closure orders.  In this blog post, we continue to examine the issues surrounding … Continue Reading

Civil Authority Orders and COVID-19 Coverage

The COVID-19 pandemic is ongoing and local and state governments are issuing directives closing restaurants, movie theaters, gyms and other businesses.  Some local governments have even issued shelter-in-place orders.  In other instances, some businesses have begun closing their doors as a preemptive measure, either to reduce the spread of the virus or in response to … Continue Reading

Can Coverage for COVID-19 Be Excluded?

Business insurance policies contain exclusions precluding coverage under specified circumstances. Two exclusions potentially relevant to COVID-19 claims are the virus, bacteria or communicable disease and pollution exclusions. In this blog post, we examine these exclusions in the context of coverage issues for COVID-19.… Continue Reading

Businesses Scramble to Assess Insurance Coverage for COVID-19

COVID-19 has sickened hundreds of thousands of people and resulted in the deaths of thousands. Millions will likely be affected. Up until very recently, there was widespread belief that some countries may be spared the level of disruption seen earlier this year. Recent events have shown this is no longer a reasonable assumption. The WHO … Continue Reading

And So It Begins: The COVID-19 Coverage Cases Start

The first insurance coverage case has been brought by a restaurant in New Orleans seeking a declaratory judgment against its insurer, as well as the governor and the state, that the restaurant’s insurance policy does not contain an exclusion for viral pandemic and that the policy will cover the restaurant for any future civil authority … Continue Reading

Duty to Defend Found on Claims Under California Credit Card Act

Among the various consumer data privacy laws are laws precluding companies from collecting and selling consumer credit card information.  When a company is accused of selling its customers’ credit card information to third-parties in a class action, does it have insurance coverage to defend it from that class action?  The Ninth Circuit recently addressed this … Continue Reading

March 2020 Reinsurance Newsletter

The Squire Patton Boggs Reinsurance Newsletter has been published.  The March 2020 Newsletter includes a discussion of a Third Circuit consolidation issue, reinsurance cases resulting from the recent hurricanes in Puerto Rico, an intervention case in the life reinsurance world, and, of course, our annual A Brief Review of Reinsurance Trends section covering the important … Continue Reading

Misrepresentation Results in Loss of Coverage

One of the best ways for a policyholder to lose its insurance coverage is to conceal or misrepresent material facts and circumstances about the claim.  In a recent case, the Sixth Circuit Court of Appeals affirmed summary judgment in favor of the insurance company dismissing a policyholder’s claims against its insurance carrier for not paying … Continue Reading

The Top 10 InReDisputesBlog Posts for 2019

Below are the top 10 blog posts from our Insurance & Reinsurance Disputes Blog for 2019.  These are the ones our readers viewed the most last year on our blog. The compilation is diverse as is the topic of insurance and reinsurance disputes.  Please enjoy this stroll down memory lane.  If you like these and … Continue Reading

Lawyer Not Covered for Claim By Client to Recover Disputed Legal Fees

Did you hear the one about the lawyer and client fighting over paid legal fees?  When this happens lawyers often turn to their lawyers professional liability insurance policies for coverage.  In a recent case, under Connecticut law, the Second Circuit ruled against the lawyer and found no coverage.… Continue Reading

Appellate Court Grants Summary Judgment Obligating Coverage for Underlying Copyright Actions

In a recent cryptic coverage decision, a New York state intermediate appellate court reversed an order denying summary judgment to a media policyholder and held that the insurance companies were obligated to provide insurance coverage for underlying copyright infringement actions.  Although cryptic, the decision addresses exclusions and their applicability to media insurance policies.… Continue Reading

Eleventh Circuit Finds Duty to Defend Sufficient to Rebuff Claim of Illusory Auto Insurance Coverage

Some people who lease cars apply for car insurance with lower limits for themselves and higher limits to cover the leasing company’s requirements.  This is accomplished through a Lessor Liability Endorsement.  In a recent case, a putative class action was brought against insurance companies by lessees who sought damages alleging that the coverage provided was … Continue Reading

Strict Conditions Doom Flood Insurance Claim

The National Flood Insurance Program has been controversial to say the least.  Part of the program allows commercial insurance companies to act as agents for the federal government in producing Standard Flood Insurance policies and managing claims under a write your own program (“WYO”).  The program, under its enabling law, the National Flood Insurance Act, … Continue Reading
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