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2021 has presented retailers with numerous risks, many of which relate to COVID-19, whether borne out of the pandemic or exacerbated by it. In this article, we set out a number of these risks from both UK and US perspectives and offer some practical considerations for businesses and insurers.
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.
Liability under California’s Invasion of Privacy Act (CIPA) expanded by California Supreme Court decision
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.
Cannabis and SPACs: the potential convergence of growing industries and opportunities for D&O underwriters to assess risk
Legal sales of cannabis in the United States set a new record of US$17.5 billion in 2020. This market is projected to grow to US$70 billion annually by 2028 according Grand View Research. The increasing size of the legal cannabis market has drawn more investors and corporations into this industry.
The Ninth Circuit Court of Appeals delivered favorable decisions for insurers in a trio of rulings last week.
On September 24, 2021, a federal court in North Carolina ruled that CGL insurers had no duty to defend the insured under North Carolina law for an Illinois Biometric Information Privacy Act (BIPA) class action claim.
On August 18, 2021, the Eastern District of Wisconsin concluded in Joy Global Inc. v. Columbia Casualty Co., 2021 WL 3667077 (E.D. Wis. Aug. 18, 2021), that the “Bump-Up” carve-out from the definition of “Loss” in a Directors and Officers’ (“D&O”) policy precluded indemnity coverage for several shareholder lawsuits arising out of an acquisition transaction.
How our people are taking action in support of the UN Sustainable Development Goals through community initiatives and partnerships
The Global Week to #Act4SDGs, which ran from 17 – 28 September –is focused on mobilisation and collective action by people and companies from all sectors, to accelerate progress on the United Nations Sustainable Development Goals (SDGs).
The Securities and Exchange Commission (SEC) has ramped up its cybersecurity enforcement, filing several administrative orders and signaling increased scrutiny of both cyber-related disclosures and compliance with the Safeguards Rule.
Case review 27/09/2021
In CLMS Management v Amwins Brokerage of Georgia, the US Court of Appeals for the Ninth Circuit has upheld a decision of the US District Court for the Western District of Washington to enforce a pre-dispute arbitration agreement in an insurance contract pursuant to the New York Convention, finding that the Convention overrides contradictory state law.