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Article 08/04/2021
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”).
Article 30/03/2021
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.
Article 26/03/2021
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.
Article 24/03/2021
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.
Article 22/03/2021
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.
Article 18/03/2021
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.
Article 17/03/2021
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.
Article 12/03/2021
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.
Article 24/02/2021
The New York Appellate Division, Second Department held that, absent express policy language, an insurer is not entitled to recoup defense costs despite a determination that the insurer had no obligation to defend or indemnify the insureds. The insurer reserved its rights to seek reimbursement of the defense costs it paid, but the court found that because the policy did not contain language allowing for recoupment, permitting the insurer to do so would essentially create a contractual right not provided for in the policy.
Article 24/02/2021
A recent decision by a New York trial court highlights the impact corporate structure has on the scope and availability of directors and officers (D&O) insurance. The Commercial Division of New York’s Supreme Court applied an insured capacity exclusion to preclude D&O coverage for American Realty Capital Properties and related entities (AR Capital) and their directors and officers. The opinion, issued on February 2, 2021, highlights the importance of confirming that alleged wrongful conduct was undertaken in an insured capacity for D&O coverage.
