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Case review 2021-07-23
We previously considered this case in 2019, when the Court of Appeal found that liquidated and ascertained damages (LADs) could not apply to work that had never been completed, and would only apply to work that is accepted after a delay. Work that never completed was only to be assessed according to the usual principles of damages – and not the contractual mechanism for LADs.
Article 2021-07-23
On July 21, 2021, in Landry’s Inc. v. The Insurance Company of the State of PA, the Fifth Circuit ruled that a carrier had a duty to defend its insured under Coverage B (personal and advertising injury) of a CGL policy for a claim arising out of a data breach. The Fifth Circuit’s treatment of the meaning of “publication” was remarkable (a word we do not choose lightly). As a result, this case may have a significant impact on Coverage B, but not for the reasons many might suspect.
Article 2021-07-21
In our briefing in May 2021, we advised that Lloyd’s had announced that it was considering whether to close its Salvage Arbitration Branch (LSAB) and thereby leave the future administration of its Standard Form Salvage Agreement and the ultimate survival of the Lloyd’s Open Form (LOF) in the balance.
Article 2021-07-21
In this briefing, we consider some recent decisions addressing issues including jurisdiction disputes following wrongful arrest, conflict of terms within a sales contract, forum shopping to attempt to avoid the limits agreed in security provided, and implied terms within a charterparty.
Article 2021-07-21
Homeowners may soon have up to 15 years in which to bring certain actions against builders and developers.
Article 2021-07-20
Effective July 9, 2021, the City of New York’s Biometric Identifier Law went into effect. The law (i) prohibits the sale or exchange “for anything of value” of “biometric identifier information”, and (ii) requires “commercial establishments” that collect or store biometric identifier information to provide a “clear and conspicuous” notice of the collection at the establishment’s entrance to notify customers “in plain, simple language” of the collection.
Blog 2021-07-19
Since the beginning of insurance, fraud has existed. Paul Miller, a History Ambassador at the Insurance Museum joined us for a webinar recently. He took us on a journey through insurance history, by sharing some of the fraud stories held in their archives. Here we share some of the cases and consider what lessons can be learned as the problem of fraud constantly evolves…
Article 2021-07-14
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.
Case review 2021-07-14
In Enemalta Plc v The Standard Club Asia Ltd, the High Court had to address its jurisdiction in respect of security which had been provided.
Article 2021-07-13
On May 11, 2021, in Global Fitness Holdings, LLC v. Navigators Management Co., Inc., the United States Court of Appeals for the Sixth Circuit upheld a broad-form contractual liability exclusion in a D&O policy. As discussed in this article, the decision is important for several reasons, including: (1) it reaffirms the principle that broad-form contractual liability exclusions apply to the entire “Claim,” even when the “Claim” includes tort-based causes of action; and (2) it extends the “but for” test for applying the carveback to the contractual liability exclusion for liability “in the absence of such contract or agreement.”
