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Article 28-01-2022
Globalization in virtually all business sectors is nothing new. Indeed, this phenomenon continues to expand and evolve, including broadening the scope of the global insurance market and its impact on litigation in the United States. The risks to which policyholders are exposed have become increasingly diverse and, due to expanding markets, US policyholders have greater access to policies issued by foreign insurers.
Article 21-01-2022
On January 13, 2022, the Superior Court of New Jersey, Law Division, held in Merck & Co., Inc., et al. v. ACE Amer. Ins. Co., et al., that the Hostile/Warlike Action Exclusion in various property policies did not prohibit coverage for the NotPetya cyberattack launched by the military arm of the Russian Federation government against the country of Ukraine.
Article 20-01-2022
On January 19, 2022, New Jersey’s Governor, Phil Murphy, passed S.B. 1559 into law, referred to as the New Jersey Insurance Fair Conduct Act (“IFCA”). The IFCA creates a private cause of action for injured motorists to sue insurance companies that “unreasonably” deny or delay paying claims for uninsured (“UM”) or underinsured motorist (“UIM”) coverage.
Article 12-01-2022
In American Family Mut. Ins. Co. v. Carmel, Inc., the Illinois federal district court ruled that a CGL policy did not provide “personal and advertising injury” defense coverage for an underlying class action brought under the Illinois Biometric Information Privacy Act (BIPA) on account of the policy’s employment-related practices (ERP) exclusion.
Article 07-01-2022
On December 31, 2021, New York Gov. Kathy Hochul signed the Comprehensive Insurance Disclosure Act (the “Act”) into law. The Act, which is effective immediately, modifies C.P.L.R. § 3101(f) to require that any defendant (including a third-party defendant, or defendant on a cross-claim or counterclaim) provide certain insurance information soon after filing an answer. The Act may have significant implications for both insureds and insurance carriers.
Case review 04-01-2022
The Jersey Appellate Division recently held that when the New Jersey Attorney General’s office is obligated to defend and indemnify a local public entity under the Tort Claims Act (“TCA”), the State must fund the defense and indemnity; it cannot turn to the local public entity’s insurance.
Article 21-12-2021
As the world emerged from lockdown, it should come as no surprise that cybersecurity and data privacy remained dominant topics in the media and legal industry. Some of 2021 was much like 2020 – ransomware attacks continued to fill the headlines, and in the aggregate, constituted significant loss paid under cyber insurance policies. OFAC reminded victim companies and incident response firms (and cyber carriers) that it remains unlawful to pay ransom payments to designated organizations. Comprehensive federal legislation addressing cyber defenses and notification requirements never materialized.
Article 17-12-2021
This article provides an overview of the applicable discovery rules and recent case law addressing disputes arising from workflow platforms as well as guidance for avoiding potential pitfalls in discovery.
Article 18-10-2021
A recent decision of the Supreme Court of Georgia illustrates the changing landscape and increased exposure to liability insurers for bad faith failure to settle claims against insureds.
Article 18-10-2021
Earlier this year, in Smith v. LoanMe, Inc., a case interpreting California Penal Code section 632.7, the California Supreme Court held that cellular or cordless phone conversations cannot be recorded by either nonparties or parties to the call without consent. LoanMe overturned a California Court of Appeal’s ruling that consent is required only if nonparties, and not the parties to the call, recorded the conversation.
