Jump to Navigation | Jump to Content
American Bar Association

 
News & Developments »

 

New York Court of Appeals Limits Application of Suit Limitation Clause

In Executive Plaza, LLC v. Peerless Ins. Co., -- N.E.3d --, 22 N.Y.3d 511; 2014 N.Y. LEXIS 165 (Feb. 13, 2014), the New York Court of Appeals refused to enforce a two-year suit limitation provision against a policyholder, finding the provision to be unreasonable where its application would require that suit be filed before the loss was complete

 

NY Court Denies Coverage for Sony Data Breach

On February 21, 2014 a New York trial court ruled that two insurers had no duty to defend Sony in connection with numerous lawsuits arising from a 2011 cyber-attack on Sony’s PlayStation Network in Zurich American Insurance Co. v. Sony Corporation of America, et al., 651982-2011 (N.Y. Sup. Ct., N.Y. Cnty. Feb 21, 2014). In the context of personal and advertising injury coverage, the court held, there is no coverage for a “publication” perpetrated by third-party hackers.

 

Third Party Indemnification Payments Can Satisfy Self-Insured Retention

The Florida Supreme Court has held that an insured can use indemnification payments from a third party towards the satisfaction of its self-insured retention if the policy is silent on that issue; and in such cases, the “transfer of rights” provision in the policy does not abrogate the “made whole” doctrine.

 


Articles »

Greater Effects of Hurricanes in Business Interruption Claims

By Erica J. Dominitz and Gregory M. Jacobs

Parties have disputed, and courts have addressed, whether the valuation of a business interruption claim should consider the effects that a hurricane or other catastrophic event had on the surrounding region, positive or negative, including its effect on the policyholder’s competitors and on the local economy

 

Insurance 101: Insurer's Use of Extrinsic Evidence for Duty to Defend in Florida

By Andy Dogali and Jacqueline H. Palik

Liability insurance may entitle an insured to a defense and to indemnification for a third-party claim made against it. In Florida, an insurer's duty to defend its insured against such a claim is separate and apart from the duty to indemnify the insured.

 

Advancement of Defense Costs to Directors and Officers of a Bankrupt Corporation

By Kimberly M. Melvin

An increasingly prevalent issue for directors and officers insurers and their insureds is how to handle the advancement of defense costs when the insured entity goes bankrupt. Unfortunately for carriers, the courts have not taken a consistent approach.

 



Sound Advice »

audio Sandy Claims and Suit Limitation Clauses

By Nick Insua

A suit limitation clause provides that a cause of action or  law suit must be brought within a certain time period – depending on jurisdiction. Nick Insua explains the ins and outs of these situations. (8:47 min)

 

audio Improving Your D&O Policy?

By Sheri Pastor

Sheri Pastor describes enhancements and provisions that will help you when negotiating your next policy. (9:35 min)


audio Liquor Liability Coverage

By Laura Hanson

Laura Hanson outlines coverage issues that arise as a result of dram-shop laws. (14:25 min)


audio Joint-Venture Exclusions

By Ron Kammer

Listen as Ron Kammer details what qualifies as a joint-venture exclusion and what does not. (8:43 min)

 
Announcements

Papers Available from the 2013 Insurance Coverage CLE Meeting


Coverage: January/February 2014

The latest issue of Coverage is now available.


About Our Subcommittees

The ICLC has formed subcommittees to focus on diverse areas of substantive insurance coverage law and procedural aspects of insurance coverage litigation. All of our subcommittees are cochaired by lawyers who typically represent policyholders, paired with lawyers who typically represent insurance companies, an arrangement that provides balance, promotes collegiality, and assures lively dialogue.

 



 
Insurance Coverage Litigation Leadership

Cochairs Web Editors Newsletter Editor

Sherilyn Pastor

Newark, NJ


Laura Hanson

Minneapolis, MN


John G. Buchanan III

Washington, DC


Rina Carmel

Los Angeles, CA


James M. Davis

Chicago, IL


Jayson Sowers

Seattle, WA

Erik A. Christiansen

Salt Lake City, UT