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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.
On July 27, 2021, the Appellate Division issued an opinion clarifying an automobile insurance carrier’s rights and obligations when its named insured selects the ‘health insurance primary’ option of their automobile insurance policy.
A recent decision by the Supreme Court of New Jersey has clarified the duty of commercial landowners to clear ice and snow from their property during a storm.
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.
Following the publication of Chambers USA 2021, Kennedys has seen some impressive rankings in the latest edition of the guide to leading law firms and lawyers across the United States.
In NY, insurers cannot recoup defense costs absent express policy provision – do other jurisdictions agree?
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.
Kennedys is targeting US expansion with the addition of three new partners in two of its East Coast offices. Eric Hiller is joining the firm’s Miami office, bringing with him three associates, while Joshua Mooney and Sean Mahoney join the Philadelphia office.
We are pleased to announce a scholarship program aimed at increasing diversity within the insurance industry.
In a recent unanimous decision, the New Jersey Supreme Court in Flanzman v. Jenny Craig, Inc., 244 N.J. 119 (2020), reversed the Appellate Division’s ruling and enforced the parties’ arbitration agreement. In Flanzman, the plaintiff signed an “Arbitration Agreement” in connection with her employment with Jenny Craig, Inc., which provided, in part, that “all claims or controversies arising out of or relating to Employee’s employment, the termination thereof, or otherwise arising between Employee and Company shall, in lieu of a jury or other civil trial, be settled by final and binding arbitration.”