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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.
The appointments of Gavin Henderson and Daniela Fusi, both formerly Clyde & Co (Scotland) partners, takes the total number of fee earners to 23 across our offices in Edinburgh and Glasgow, with more new fee earners expected to join in the coming months as we enjoy another record year.
In the latest edition of Who’s Who Legal’s annual global Transport and Professional Negligence guides, 22 Kennedys lawyers have been recommended as ‘Global Leaders’ across eight countries (Belgium, France, Peru, Singapore, Spain UAE, UK, and the US).
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.
We’re delighted to announce that our London office is to move into London’s iconic Walkie-Talkie building as part of a major workplace transformation programme.
Case review 2022-01-04
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.
On December 20, 2021, the Seventh Circuit Court of Appeals issued a long-awaited decision in Cothron v. White Castle System, Inc., a case in which the Seventh Circuit could have provided an answer to the open question of when claims for violations of sections 15(b) and 15(d) of the Illinois Biometric Information Privacy Act (BIPA) accrue.
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.