Insurance Blog: Florida's Take on New Anti-Assignment Provision
on September 25, 2018
Policyholders and their insurers have long disputed whether a policyholder can assign rights under an insurance policy to third-parties based on the following pro-vision: Assignment. Assignment of interest under this policy shall not bind [the insurer] until its consent is endorsed hereon. This so called "anti-assignment clause" is typically found in standard form general liability and property policies, and insurers claim that it limits a policyholder's right to assignment:...
Insurance Blog: Home is Where the Parent is
By Anastasia J. Wade on September 5, 2018
When determining whether there is coverage under an insurance policy, the governing state law under which the policy is analyzed can be extremely important. This is because the application of clauses, amendments, and exclusions can be different depending on which state's laws apply....
Insurance Blog: California Court Holds That an "Accidental" Injury Can be an Occurrence Under an Employer's CGL Policy
By Kerri L. Keller on August 16, 2018
In a recent policyholder-friendly decision, the California Supreme Court held that an employer's negligent hiring, retention, and supervision can be deemed an occurrence under a policy where "occurrence" is defined as "an accident." Thus, the court allowed coverage for an insured employer who was sued after one of its employees was accused of sexual abuse....
Insurance Blog: Ohio Affirms Preeminence of State Insurance Law
By Sallie Conley Lux on August 9, 2018
The controversy over the recently adopted Restatement of Law, Liability Insurance (RLLI) continues. On July 30, 2018, Ohio Governor John Kasich signed a law that unequivocally affirms that, in Ohio, state insurance statutes and state common law continue to be preeminent in insurance disputes governed by Ohio law....
Blog: Positive Momentum Continues for Policyholders Victimized by Social Engineering Fraud
By P. Wesley Lambert on July 23, 2018
On the heels of the Second Circuit Court of Appeals' decision involving Medidata Solutions, Inc. the Sixth Circuit Court of Appeals continued a string of victories relating to insurance coverage for social engineering schemes utilizing the insured's computer systems....
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