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Article 15-09-2021
California finds itself amid yet another ferocious wildfire season, with the Dixie blaze now holding the record for the second largest wildfire in the history of the state. As a combination of hotter and drier weather and failing electrical infrastructure are projected to continue to turn the state into a tinderbox ready to ignite during the warmer months, fire damage and smoke taint claims affecting property and large agricultural areas will remain on the rise for the foreseeable future.
Article 15-09-2021
On April 30, 2021, the Florida legislature passed Senate Bill 54 (“SB-54”), which proposed sweeping changes to Florida’s auto insurance system, including repealing Florida’s no-fault personal injury protection (“PIP”) system and banning punitive damages on plaintiffs’ bad faith claims.
Article 15-09-2021
Since the beginning of the coronavirus pandemic, almost 2,000 lawsuits have been filed in federal and state courts throughout the United States by policyholders affected by the public health crisis. In the vast majority of these cases, business owners have sought coverage under commercial property policies for losses arising out of interruptions caused by local and state-wide shutdowns.
Article 25-08-2021
Sexual abuse and molestation lawsuits are tragically commonplace on court dockets throughout the country. While the perpetrators of abuse face significant criminal liability, it is often other individuals and entities that allegedly employed, supervised, regulated, or otherwise had a relationship with the perpetrator that find themselves entrenched in civil litigation commenced by survivors. Against this landscape, the applicable duty of care of an organization to prevent or protect against harm caused by a third-party perpetrator is a particularly significant inquiry.
Article 13-07-2021
On May 11, 2021, in Global Fitness Holdings, LLC v. Navigators Management Co., Inc., the United States Court of Appeals for the Sixth Circuit upheld a broad-form contractual liability exclusion in a D&O policy. As discussed in this article, the decision is important for several reasons, including: (1) it reaffirms the principle that broad-form contractual liability exclusions apply to the entire “Claim,” even when the “Claim” includes tort-based causes of action; and (2) it extends the “but for” test for applying the carveback to the contractual liability exclusion for liability “in the absence of such contract or agreement.”
News 12-07-2021
Kennedys continues to deepen its bench of offerings with the addition of partner Judith A Selby to its New York office.
Article 30-06-2021
The US Supreme Court is trying its best to sidestep any material rulings on climate change decisions in view of its recent BP P.L.C. et al. v. Mayor and City Council of Baltimore decision and its refusal to review the Chevron Corp. v. City of Oakland, California case, wherein the Ninth Circuit held that climate change cases against large oil companies belong in state court.
News 14-06-2021
Kennedys has been ranked as a Leading Firm in The Legal 500 US 2021, the guide to outstanding firms and lawyers across the United States.
Article 10-06-2021
On March 3, 2021, the Delaware Supreme Court announced in RSUI Indemnity Co. v. Dole Food Company, Inc., et al., 248 A.3d 887 (Del. 2021) (“Dole”), that Delaware public policy permits indemnity insurance coverage for liability arising from fraud. Therefore, in Delaware, unscrupulous executives found to have lied to investors may potentially avoid direct responsibility for any damages caused and simply pass the buck for any judgment or settlement to the company’s Director’s & Officer’s (“D&O”) insurer.
Article 09-06-2021
On June 8, 2021, the CEO of the Colonial Pipeline Company, Joseph Blount, testified before the Senate Homeland Security and Governmental Affairs Committee about the ransomware cyberattack suffered by his company last month at the hands of the hacker group, the Dark Side. The attack caused the company to shut down its pipeline, which delivers approximately 45% of the East Coast's fuel supply.
