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On April 1, 2021, the California Supreme Court entered an opinion in Brown v. USA Taekwondo, which involves sexual abuse-related claims against USA Taekwondo (“USAT”) and the United States Olympic Committee (“USOC”).
A summary of the latest global developments in the employment space including a case review of the Supreme Court decision of Royal Mencap Society v Tomlinson-Blake [19.03.21], a comparison of the treatment of the COVID-19 vaccination in the US, Denmark, India and the UK, remote working to be legislated in Ireland, Australia’s Fair Work Commission which can now determine general protections dismissal applications and the introduction of the Employment Amendment Ordinance 2020 in Hong Kong.
On March 25, 2021, the Supreme Court issued its opinion in Ford Motor Company v. Montana Eighth Judicial District Court, et al., expanding the criteria for the exercise of personal jurisdiction over defendants that transact business in multiple states.
Last year, the Fifth Circuit became the latest circuit court to endorse snap removal, making it the third circuit court in the country to allow the practice.
For several years now, courts have wrestled with the issue of whether computer fraud coverage under a commercial crime policy covers business email compromise (BEC) attacks. An example; of a BECs is where an insured is emailed new payment instructions purportedly coming from a vendor, when in fact the email comes from a threat actor, thereby tricking the insured into wiring payment to a wrong account.
A roundup of recent global cyber-related developments, including the introduction of mandatory data breach notification requirements in Singapore, the digitisation of insured businesses and resulting risks to insurers, the Bermuda Cyber Underwriting Report, corporate forum shopping for favourable data protection laws and the New York launch of the Cyber Insurance Risk Framework.
Two appeals pending before the New Jersey Supreme Court this year concern availability of automobile insurance coverage when the driver is insured under another insurance policy.
On March 3, 2021, the Delaware Supreme Court issued an important opinion in RSUI Indem. Co. v. Murdock, 2021 WL 803867 (Del. Mar. 3, 2021), a Directors and Officers’ (D&O) liability insurance coverage dispute.
As a majority rule, the burden is on the insured to allocate between covered and uncovered claims. For example, when a judgment against an insured includes damages for which an insurer is liable and also damages beyond the coverage of the policy, the insured has the burden to establish (i.e. to allocate) which percentages of the verdict represent covered damages versus uncovered damages.
With many countries now vaccinating and looking to lift lockdowns, the question on everyone’s lips seems to be “can employers require their employees to vaccinate?”. In this article, our experts based in Denmark, the UK, US and India look to provide an answer from each of their respective jurisdictions, and thereafter forecast the potential COVID-19 employers’ liability claims we can expect to see in the future.