News and Events for Attorneys and Executives

Insurance

Exclusion For ‘Assumption Of Liability in Contract’ Does Not Apply to Breach of Professional Services

Insight
The Northern District of California ruled that a professional liability policy that excluded the insured’s “assumption of liability obligations in a contract or agreement” did not extend to breach of warranty or false advertising claims arising out of a genetic data testing company’s marketing and sale of a personal genome service, reports Mary McCutcheon of Farella Braun + Martel LLP.

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New York Proposes Cybersecurity Regulation for Insurance Companies, Banks, Financial Institutions

New York Proposes Cybersecurity Regulation for Insurance Companies, Banks, Financial Institutions

Insight
If enacted, this change would bring the first statewide regulation mandating that insurance companies, banks, and other financial institutions create such a program, reports Jason O. Balogh, a partner with Hickey Smith LLP.

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Andrew Kopon, Jr. Named President-Elect of International Association of Defense Counsel

Andrew Kopon, Jr. Named President-Elect of International Association of Defense Counsel

News
Andrew Kopon, Jr., a founding member of Kopon Airdo, LLC, has been elected president-elect of the International Association of Defense Counsel (IADC) for the 2016-2017 term. The IADC is a global legal organization for attorneys representing corporate and insurance interests.

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Additional Insured By Written Contract Clause Construed to Bar Coverage

Insight
The language of an additional insured clause may make all the difference as to whether a party is covered as an additional insured or not, writes Larry P. Schiffer in Squire Patton Boggs’ Insurance and Reinsurance Disputes blog.

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Additional Insured By Written Contract Clause Construed to Bar Coverage

Insight
New York courts will interpret insurance policies based on the plain meaning of the words used by the parties and will not alter the contracts for equitable reasons if the language is clear and unambiguous, writes Larry P. Schiffer of Squire Patton Boggs.

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Beware of the Tax Traps of Employer-Owned Life Insurance Contracts

Beware of the Tax Traps of Employer-Owned Life Insurance Contracts

Insight
In closely held businesses, it is common practice to provide for the succession of the business upon the death of an owner, writes Mitchell Goldberg of Berger & Singerman.

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Continuing Bad Faith: Theory of Liability or Rule of Evidence?

Insight
When a bad faith lawsuit converts the quasi-fiduciary relationship with the policyholder into an adversarial one, how does a policyholder lawsuit affect the insurer’s duty of good faith? And, how does the insurer’s duty of good faith affect the lawsuit?

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Avoid Nullification of Contractual Indemnity Protection

Avoid Nullification of Contractual Indemnity Protection

Insight
Because of unforeseen risk, additional insured endorsements have been revised to link contractual indemnity obligations to additional insured coverage, writes James J. Buldas of Pietragallo Gordon Alfano Bosick & Raspanti LLP.

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Increasing Use of Cyber Insurance Requirements in Contracts

Insight
Insurance requirements are common in commercial contracts, and many contracts now include a sub-clause regarding cyber insurance, write Branwen Buckley and Corby J. Baumann of Thompson Hine.

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Insurance, Indemnification, and Limitation of Liability Provisions in Business Contracts

Insight
“Fundamentally, the purpose of insurance, indemnification, and limitation clauses is to allocate risks,” writes Kenneth Gorenberg of Barnes & Thornburg LLP.

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Judge Fines Foreclosure Law Firm $1.8 Million for Bogus Billings

News
A Denver judge has fined one of the city’s prolific foreclosure attorneys $1.8 million for billing thousands of consumers facing the loss of their homes for title-insurance policies that did not exist, reports The Denver Post.

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Barnes & Thornburg Adds Three Insurance Recovery Attorneys in Los Angeles and Dallas

News
Barnes & Thornburg LLP announces today that three lawyers from Anderson Kill’s Ventura, California, office have joined the firm’s Litigation Department and Insurance Recovery and Counseling Practice Group.

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A.M. Best Webinar Examines Legal, Insurance Ramifications of Lead Injuries

Event, August 3, 2 p.m. EDT
A panel of legal and insurance professionals will discuss the sources of lead injury claims, developing liability issues and the industry impact of lead-based claims.

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U.S. Sues to Block Anthem-Cigna and Aetna-Humana Mergers

U.S. Sues to Block Anthem-Cigna and Aetna-Humana Mergers

News
U.S. Attorney General Loretta E. Lynch said the proposed mergers “would leave much of the multitrillion-dollar health insurance industry in the hands of three mammoth insurance companies,” reports The New York Times.

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Contract Indemnity and Duty to Defend vs. Insurance Duty to Defend

Insight
An explicit contractual duty to defend against allegations of negligence or breach by the indemnitor may well be construed to require such a defense from the outset, even when parties are still arguing over ultimate liability, writes Stan Martin of Commonsense Construction Law LLC.

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National Insurance Coverage Team Joins Wilson Elser

News
National law firm Wilson Elser announced that a national insurance coverage team of 11 attorneys has joined Wilson Elser in three offices – Chicago, Los Angeles and New Jersey.

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North Carolina Blue Cross and Blue Shield Sues U.S. Over Health-Care Payments

North Carolina Blue Cross and Blue Shield Sues U.S. Over Health-Care Payments

News
Blue Cross and Blue Shield of North Carolina sued the federal government, becoming the latest health insurer to claim it is owed money under the Affordable Care Act, according to a report in The Wall Street Journal.

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Q&A on SCOTUS and Arbitration

Article
In an article posted on their firm’s website, Matthew T. Furton and Julie L. Young, partners in Locke Lord, discuss some recent rulings on arbitration by the U.S. Supreme Court, particularly as they apply to insurance and reinsurance.

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Court Orders Coverage Where Breach Merely Alleged

Article
The exclusion could have been written more broadly so as to cover all claims for injury arising out of any “alleged” breach of contract in addition to all claims arising out of actual breaches of contract.

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Consideration of Force Majeure in Construction Contracts

Consideration of Force Majeure in Construction Contracts

Article
Before entering into a construction contract, consider how force majeure events are evolving in today’s world, advise Jonathan Massell and David A. Senter of Nexsen Pruet on the firm’s website.

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