Massachusetts High Court Hold No Coverage for Counterclaim
on July 27, 2017
What do the courts say about an insurer's obligation to prosecute compulsory counterclaims on behalf of their insured? As you might expect, it depends upon the policy language and the jurisdiction....
How to Protect Your Food
on May 22, 2017
A commercial general liability (CGL) policy is important and protects companies from a number of unexpected events; however, nowadays the CGL policy often comes up short when it comes to industry specific issues. The costs of food recalls and damages arising from the contamination of food products often require specific insurance. Fortunately, insurance companies have responded to the demands of the market and now offer several industry-specific policies, including consumable product policies, component part policies, consumer goods policies and packager protection policies, among others....
Covering the Costs of Community Service
on May 9, 2017
Over the past ten years, the nonprofit sector has continued to experience healthy growth in both the number and financial size of these charitable organizations. Consistent with this growth, is the need for increased community service and volunteers. According to the National Center for Charitable Statistics, two-fifths of public charities rely on volunteers. Yet, 2015 saw the lowest volunteer rate since 2002: Just one-in-four adults volunteered at least once in 2015....
Policyholders Bat .500 In Two Recent Decisions Addressing Insurance Coverage For Cyber Crime Losses
on April 10, 2017
Policyholders and insurers continue to grapple with the circumstances under which losses arising from data security breaches and social engineering fraud will be covered under various insurance policies. Two recent decisions – one in favor of the policyholder and one against – continue to support the notion that resolution of these cases will be highly fact-specific and the outcome will be difficult to predict in many instances....
Insights into the Ohio Supreme Court's Views on Insurance Coverage
on March 28, 2017
The Ohio Supreme Court reviews only a small percentage of the cases decided by lower appellate courts. This is due largely to the Supreme Court's limited resources—Ohio has only one Supreme Court, of course, but it has 12 district courts of appeal, all of which generate opinions that could be further appealed. In addition, federal courts can request that the Ohio Supreme Court review certified questions of Ohio law....
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