The left hand takes away: Exclusions to watch for in your Cyber-Risk Policies
on March 25, 2015
Earlier in the year, Alexandra Dattilo warned us that data-breaches may not be covered by the typical commercial general liability (CGL) policy. And, indeed, insurance companies are fighting a two-front war to keep data-breaches out from the coverage provided by CGL policies....
Forum Non Conveniens: Another Arrow in the Forum-Battle Quiver
on 03/18/2015
In any fight, the party who chooses the battleground often gains a crucial advantage. This maxim holds true for insurance coverage disputes: the choice of where a lawsuit is litigated, otherwise known as the forum, often shapes the entire course of the action. Policyholders are therefore well-advised to seize the initiative and file a coverage action in the forum of their choosing as soon it becomes clear that a coverage suit is unavoidable. In some instances, though, insurers win the race to the courthouse and file declaratory judgment suits in their preferred forum....
When is a Worker an "Employee?"
on March 6, 2015
While most persons use the words "worker" and "employee" interchangeably, the manner in which a worker is categorized could mean the difference between an insurance company's acceptance or denial of a policyholder's claim in the event an individual is injured on the job....
By Racing to the Courthouse, Insurers may be Breaching the Duty of Good Faith Owed to Policyholders
on January 27, 2015
Policyholders and insurers regularly find themselves in protracted forum battles because the choice of forum can have a major impact on the choice of state law that will be applied to coverages issues....
Is Defective Construction Covered by Your Insurance Policy?
on January 5, 2015
General liability policies are routinely purchased by developers, construction managers, and subcontractors to protect themselves from third-party claims for bodily injury or property damage arising from their work at a construction site....
This Blog is intended to provide information generally and to identify general legal requirements. It is not intended as a form of, or as a substitute for legal advice. Such advice should always come from in-house or retained counsel. Moreover, if this Blog in any way seems to contradict advice of counsel, counsel's opinion should control over anything written herein. No attorney client relationship is created or implied by this Blog. © 2024 Brouse McDowell. All rights reserved.
