Web-Publication Does Not Trigger “Knowledge” or “Business of Publishing” Exclusions in Defamation Suit
IThe U.S. District Court for the Eastern District of Virginia has ruled that an insurer must defend its insured in connection with allegedly defamatory articles posted on the insured’s website under the personal and advertising injury provisions of a business owners policy
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
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.
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
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.
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.
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)
Sheri Pastor describes enhancements and provisions that will help you when negotiating your next policy. (9:35 min)
Laura Hanson outlines coverage issues that arise as a result of dram-shop laws. (14:25 min)
Listen as Ron Kammer details what qualifies as a joint-venture exclusion and what does not. (8:43 min)
The latest issue of Coverage is now available.
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|
John G. Buchanan III
Los Angeles, CA
James M. Davis
Erik A. Christiansen
Salt Lake City, UT