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Article 2021-03-04
With many countries now vaccinating and looking to lift lockdowns, the question on everyone’s lips seems to be “can employers require their employees to vaccinate?”. In this article, our experts based in Denmark, the UK, US and India look to provide an answer from each of their respective jurisdictions, and thereafter forecast the potential COVID-19 employers’ liability claims we can expect to see in the future.
Article 2021-03-02
On Friday, February 26, 2021, SB 1392, the Consumer Data Protection Act (CDPA), was communicated to the Virginia Governor’s Office after the Virginia Senate passed a Virginia House substitute bill (for HB 2307) 32-7. Governor Northam is expected to sign the bill, which would establish a framework for processing personal data in Virginia.
Article 2021-03-01
Nearly two decades ago, the Supreme Court of Ohio adopted an “all sums” approach to allocate insurance coverage for progressive injuries among multiple triggered policies. In Goodyear Tire & Rubber Co. v. Aetna Cas. & Sur. Co., the Court held that “when a continuous occurrence of environmental pollution triggers claims under multiple primary insurance policies, the insured is entitled to secure coverage from a single policy of its choice that covers ‘all sums’ incurred as damages ‘during the policy period,’ subject to that policy's limit of coverage.” 769 N.E.2d 835, 841 (Ohio 2002).
Article 2021-02-24
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 2021-02-24
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.
Article 2021-02-23
The UK officially left the EU in January 2020 with the implementation period, or transition stage, concluding on 31 December 2020 and the new UK/EU a trade deal finally agreed on 24 December 2020. However, large technology companies such as Facebook and Google did not leave their preparations until the last minute.
News 2021-02-22
Kennedys continues to deepen its bench of offerings with the addition of partner Jared Greisman to its New York office. He joins from Goldberg Segalla, where he was a partner in the global insurance services team and chaired his first-party property practice.
Article 2021-02-19
Over the last year, state and federal courts in Texas have faced the recurring question of whether the Eight Corners Rule in Texas should be reworked to allow the consideration of extrinsic evidence in certain, limited situations, and if so, when.
Article 2021-02-19
In this article, we provide perspectives from both the United Kingdom and United States on compliance with safety measures during the pandemic, discuss the shift in responsibility to ‘police’ rules and regulations from individuals to retailers, and offer a glimpse into the future in terms of the likely claims retailers may face.
Article 2021-02-18
On February 4, 2021, the New York Department of Financial Services (NY DFS) issued its Cyber Insurance Risk Framework (the Framework) to provide insurance carriers what it deemed an outline of “best practices for managing cyber insurance risk.”
