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What is Hostile or Warlike?: An in-depth look at the Merck war exclusion decision and its shortfalls
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.
Newly signed bill opens the door for bad faith suits against auto insurers providing UM and UIM benefits
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.
In a new BIPA decision, coverage barred by Employment-Related Practices exclusion, but not by Access or Disclosure of PI exclusion
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.
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.
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.
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.
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.