All posts by Cooley

COVID-19 Lawsuits Could Lead to Wave of Insurance Claims

As shelter-in-place orders begin to ease and businesses reopen, companies should be prepared for a potential wave of lawsuits from customers and employees who may claim to have contracted COVID-19 on their premises. In response, Congress is currently considering legislation to shield companies from liability provided that they follow federal […]

High Court Rules on Materiality of Non-Compliance with Terms of Separate Policy

In Niramax Group Ltd v Zurich Insurance Plc [2020] EWHC 535 (Comm), Niramax Group Ltd (“Niramax”) brought a claim against Zurich Insurance plc (“Zurich”) challenging Zurich’s failure to pay out on a claim for fire damage to a recycling facility.

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 […]

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 cancellation of the 2020 Olympics […]

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 […]

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. […]

Cooley Partners Publish Insurance Day Article on Cyber Due Diligence and Insurance

Cooley partners Mark Deem and Mark Everiss recently published the following article in Insurance Day. The original article can be found here (log in required). Legal Focus: UK data regulator increases focus on cyber due diligence and insurance in M&A The announcement at the start of the summer the UK’s […]

Insurtech in the US, Bermuda and Beyond – presentation, Thursday 21 February

Next Thursday 21 February, Cooley partner Heidi Lawson and Special Counsel Greg Hoffnagle will be presenting at Lloyd’s of London on ‘Insurtech in the US, Bermuda and Beyond’.