California Supreme Court Opens Door to Excess Coverage, Rejecting Requirement of Horizontal Exhaustion

In a landmark decision with significant implications for policyholders and insurers dealing with high exposure, continuous injury claims, the California Supreme Court held in Montrose Chemical Corp. of California v. Superior Court, Case No. S244737, that policyholders may access otherwise available coverage under any excess policy once it has exhausted […]

Business Interruption Cover and the Coronavirus

The UK government announced yesterday that its current measures relating to the use of public spaces such as bars and restaurants would be sufficient to trigger some business interruption policies, with the Chancellor of the Exchequer, Rishi Sunak stating, “Let me confirm that, for those businesses which do have a […]

Your Insurance Checklist for Coronavirus Losses

With the constantly changing landscape and the obvious need for us all to prioritize the health and well-being of our employees, clients and business partners, it can be difficult to focus on the next steps businesses need to take to protect themselves. Cooley recently published two blog posts on the […]

Coronavirus and Insurance Coverage

With the coronavirus, COVID-19, already taking its toll on the economy, are there any existing sources of insurance coverage to help cover the inevitable financial loss? With major sporting events, conferences, cruises and other excursions being cancelled as a result of the outbreak, including the potential cancellation of the 2020 […]

NAIC Creates Working Group to Examine Accelerated Life Underwriting

Accelerated underwriting is one of the fastest growing sectors of the life insurance industry and has allowed both traditional life insurance companies and insurtechs to forego medical exams to reduce the life insurance underwriting process from as long as 12 weeks down to 48 hours. However, as accelerated underwriting has […]

NAIC Announces AI Principles at National Meeting

From the use of neural networks that identify fraudulent claims, to the adoption of chatbots that help respond to policyholder questions, artificial intelligence has the potential to transform the insurance industry by automating and streamlining a wide range of insurance processes. AI, however, is not without regulatory risk, and the […]

Data Privacy Draws Increased Scrutiny From Insurance Regulators

Data privacy has become an increasing area of focus for many of our insurtech clients as they work to ensure they are in compliance with the EU General Data Protection Regulation and the California Consumer Privacy Act, which will go into effect on January 1, 2020. Although many insurtechs are […]

Representation & Warranty (R&W) Insurance – Current Market Trends

Over the last decade the use of R&W insurance in merger and acquisition transactions has grown exponentially. From 2008 to 2018, the total R&W policies bound per year in North America rose from 40 deals, providing $541 million of coverage to 1500+ R&W insurance transactions, providing aggregate coverage of $38.6 […]

Licence and Registration Please: Stolen Motor Insurance Data

In Aviva Insurance Ltd v David Oliver [2019] EWHC 2824 (Comm), Aviva Insurance Ltd (“Aviva”) brought a claim against David Oliver (the “Defendant”) based on the Defendant’s misuse of Aviva’s confidential policyholder information. Aviva’s claim included: (i) breach of confidence; (ii) inducing a breach of contract; and (iii) unlawful means conspiracy. […]

D&O Coverage for Cyber and Privacy Related Exposure

It goes without saying that cybersecurity is a top D&O liability concern for organizations today. According to Willis Towers Watson’s 2018 Management Liability (Directors and Officers) U.S. Survey, respondents cited cyber risks as the most concerning D&O risk for 2019. This is not at all surprising given the many recent […]