In 2012, the Ohio Supreme Court in Westfield Ins. Co. v. Custom Agri Sys., Inc., first defined the "fortuity doctrine," building upon the Court's previous definition of "accidental" within the context of CGL insurance policies—i.e., something "unexpected, as well as unintended."...
Read More >>
on May 5, 2022
The impact of Russia's invasion of Ukraine is being seen and felt across the world. The invasion has affected almost every industry and sector and continues to strain an already burdened supply chain....
Read More >>
The cyber insurance industry is drastically evolving amid a recent wave of cyberattacks against businesses, organizations and agencies throughout the world. Although the increase in frequency and negative impact of cyberattacks has inflated the demand for cyber insurance policies, several factors may make it more difficult for parties to obtain and maintain such coverage....
Read More >>
on May 6, 2021
The Nevada Supreme Court recently found, under certain circumstances, an insurance company can obtain reimbursement of defense costs from its policyholder if it was later determined no coverage was afforded – even when the insurance policy does not allow for such recoupment....
Read More >>
on January 28, 2021
Recent decisions out of the U.S. District Court for the Northern District of Ohio demonstrate the complicated and evolving legal landscape both in Ohio and nationally regarding whether COVID-19 related losses are covered under commercial insurance policies. The central question in these cases is whether COVID-19 and/or the various governmental orders related to COVID-19 constitute direct physical loss or damage to insured property....
Read More >>
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. © 2023 Brouse McDowell. All rights reserved.