Bucking Trend, Courts Find Potential Coverage for COVID-Related Business Interruption Loss

Since June 2022, policyholders have grown cautiously optimistic as two state appellate courts have ruled in favor of policyholders seeking coverage for business interruption loss stemming from COVID-19. As has been well documented since the pandemic began, courts have largely declined to find coverage for such loss, often based on […]

Court of Appeal reaffirms law on aggregation of claims pursuant to a “cause” based wording

In Spire Healthcare v Royal & Sun Alliance Insurance Ltd [2022] EWCA Civ 17, the Court of Appeal reversed the first instance decision of Judge Pelling QC holding that the two sets of claims in question had in common a unifying factor, such that they should be aggregated for the […]

War and Office of Foreign Assets Control Exclusions: Insurance Policy Language Matters

Nearly two weeks into the Russian invasion of Ukraine, numerous companies are focused on how the war might impact their business, including their insurance coverage. This advisory provides a high-level overview of two types of insurance exclusions that may be implicated: war exclusions and OFAC exclusions. War exclusionsIn numerous insurance […]

Delaware Expands Use of Directors and Officers Captive Insurance

On February 7, 2022, Delaware Governor John Carney signed into law a bill that amends the Delaware General Corporation Law (DGCL) to expressly allow the use of captive insurance companies to fund a Delaware corporation’s directors and officers insurance coverage. The insurance business is historically cyclical in nature, and we’re […]

Fair Presentation, Moral Hazard and Material Circumstances

In the recent decision in Berkshire Assets (West London) Ltd v AXA Insurance UK Plc [2021] EWHC 2689 (Comm), Lionel Persey QC, sitting as a Judge of the High Court, gave the first English decision on the insured’s duty of fair presentation as set out in the Insurance Act 2015 […]

Warranty & Indemnity Insurance in the COVID Era

Mark Everiss has recently published an article in Zeitschrift für Versicherungswesen on Warranty & Indemnity insurance in the COVID Era. It can be read here.

Court of Appeal Upholds Decision on Inducement

The Court of Appeal has, in its recent judgment in Zurich Insurance Plc v Niramax Group Ltd [2021] EWCA Civ 590, addressed important issues of non-disclosure and inducement that were addressed at first instance in the Commercial Court by Cockerill J in Niramax Group Ltd v Zurich Insurance Plc [2020] […]

Supply Chain Finance and Trade Credit Insurance in Spotlight

As struggling companies continue to look for liquidity amid the COVID-19 pandemic, many have turned to supply chain financing (SCF) solutions to shore up their balance sheets and to mitigate risk. SCF is a financial transaction in which a bank or third party provides funding to pay a company’s supplier […]

Using a Professional Employer Organization? Check for Employment Practices Liability Insurance

Professional employer organizations provide human resources solutions for small and mid-size businesses. In the US, PEOs serve more than 175,000 small and mid-sized businesses, which represents 15% of all US employers with 10 to 99 employees, according to the National Association of Professional Employer Organizations. In addition to handling human […]

Bipartisan Bill Would Provide Federal Safe Harbor for Insurance for the Cannabis Industry

On March 18, US Senators Robert Menendez, D-NJ, Rand Paul, R-KY, and Jeffrey Merkley, R-KY, introduced legislation meant to encourage insurer penetration in the cannabis industry. Under the Clarifying Law Around Insurance of Marijuana Act, or CLAIM Act, federal law would provide certain protections and assurances to insurers that transact […]