Jump to Navigation | Jump to Content
American Bar Association
header

Hot Topic Articles

TOPICS:

Bad Faith
Business Interruption
Construction Insurance
Financial Crisis
Food ContaminationGoing Green

Insurance 101
Insurance Discovery
Media & Technology
Natural Catastrophes
Intellectual Property

 


Business Interruption


The Business Interruption or “BI” topic seeks to provide competing policyholder and carrier perspectives on various issues that arise in claims seeking coverage under Business Income and related “time element” coverages. This coverage can be ”stand alone” coverage, or can be part of a business first party property damage policy. To paraphrase early drafting history from one of the Lloyds of London forms, if an elephant falls on your business, you have property damage. If the elephant falls on your doorstep and blocks access, or if it takes four months to rebuild the business and you suffer a “cessation” or ”suspension” of business, depending on your policy form, you may have a business interruption loss. The articles collected below are summary treatments, intended to provide an overview of each topic, to be used for basic understanding or as a starting point for further research. Comments, and contributions, are welcome. Please contact Rich Lewis for further information or to submit articles.



Business Interruption Editor:

Richard Lewis
Reed Smith LLC
New York, NY



Natural Catastrophes


As everyone knows, natural disasters including hurricanes like Hurricanes Rita, Ike and Katrina, tornados, floods, fires and other natural disasters cause billions in property damage and related losses each year. The insurance industry estimated total losses arising out of Hurricane Rita, for example, to be a significant drain on insurance reserves, and numerous lawsuits are proceeding through the courts due to the unique insurance issues that arise. This website collects a number of articles that are summary treatments and check lists for both policyholders and insurers, to assist with an understanding of the complex insurance issues that arise out of these very personal losses. comments and contributions are welcome. Please contact Troy J. Seibert for further information or to submit articles.



Natural Catastrophes Editor:

Troy J. Seibert
Butler Pappas Weihmuller Katz Craig
Tampa, FL



Checklists for Property Damage and Business Interruption Claims When Disaster Strikes


The Insurance Coverage Litigation Committee of the Section of Litigation, American Bar Association, has prepared a general checklist for making claims under property insurance policies, and a checklist of additional information that may be required in making a claim under business interruption coverage. Originally created to address insurance issues arising out of the terrorists attacks on September 11, 2001, these checklists are directly applicable to losses from natural disasters.




Financial Crisis


The "Financial Crisis," including melt-downs of major banking and financial institutions, the "subprime" housing collapse, and Madoff/Stanford-type investment or Ponzi schemes, as well as investor and borrower complaints and the attendant SEC and DOJ investigations, are spawning new lawsuits across the Country. These lawsuits all give rise to significant insurance problems with global implications. The articles collected below are summary treatments, intended to provide an overview of each topic, to be used for basic understanding or as a starting point for further research. Comments, and contributions, are welcome. Please contact Tyler Gerking for further information or to submit articles.



Financial Crisis Editor:

Tyler Gerking
Farella Braun + Martel LLP
San Francisco, CA



Insurance 101


Insurance is a major, but often ignored, issue for Corporate America. Bodily injury, property damage and other business losses can trigger general liability policies, but there can be a dispute regarding proper notice or compliance with policy conditions, such as consent. Employee terminations can give rise to issues under stand-alone Employment Practices Liability insurance policies, or under endorsements to Directors and Officers Liability Insurance policies. Construction defect claims, copyright and trademark infringement suits, interference with business relations, defamation, and other torts can be covered, but subject to unique concerns lurking in the small print of an insurance policy's endorsements, exclusions and even policy definitions. A party might wish to settle giving a discount to its insurer in exchange for prompt payment, but that discount could eliminate coverage available from an excess insurer. This site collects articles relating to fundamentals of insurance law, providing top tips to attorneys new to navigating the uncertain waters of insurance, or litigators seeking a basic refresher on certain insurance coverage issues.Please contact Jorge R. Salva for further information or to submit articles.



Insurance 101 Editor:

Jorge R. Salva

Podvey Meanor Catenacci Hildner

Cocoziello & Chattman, P.C.

Newark, NJ



Bad Faith


Bad faith, or breach of the implied covenant of good faith and fair dealing, is a key issue for policyholders and insurers alike, as bad faith claims commonly accompany insurance litigation after a dispute. This website collects a articles that focus on the elements of bad faith and issues relating to bad faith claims. It also provides check lists for both policyholders and insurers, to assist with an understanding of bad faith causes of action that seemingly go hand in hand with an insurer's failure promptly to pay a claim. Comments and contributions are welcome. Please contact Meghan Moore or Arden B. Levy for further information or to submit articles.



Bad Faith Editor:
Meghan C. Moore
Ver Ploeg & Lumpkin , P.A.
Miami, FL

Arden B. Levy
Howrey LLP
Washington, DC




Media & Technology


Increased use of the Internet and new technological developments present remarkable advances in the way we all do business—and simultaneously present fodder for new litigation and tort-based claims, including invasion of privacy, intellectual property theft, and other emerging theories of the law. The Media & Technology feature provides competing policyholder and carrier perspectives on a variety of issues in this burgeoning area of the law. The articles collected below are summary treatments, intended to provide an overview of these new areas that are likely to expand over coming years. Comments and contributions are welcome. Please contact Robert Chesler for further information or to submit articles.



Media & Technology Editor:

Robert Chesler

Lowenstein Sandler PC

Roseland, New Jersey



Food Contamination


We are all seeing headlines relating to the Food and Drug Administration (FDA) announcements of contaminated food products. Salmonella and other contaminants found in peanut butter led to criminal investigations of what corporate management knew and when they knew it, and a declaratory relief action filed by at least one insurer contesting coverage due to the circumstances. E.coli causing a state-wide removal of spinach and beef from market shelves and class-action litigation has been spawned by Hepatitis A epidemics at restaurants and fast food outlets. Even dog food is not save, with pet food manufacturers dealing with a spate of claims relating to sickness and even death. Food recalls are inevitably followed by expensive litigation and regulatory investigations. Practitioners must be aware of the insurance issues arising from provisions in standard comprehensive general liability (CGL) policies, recall and product contamination policies, first-part policies that provide property damage and business interruption coverage policies, and even directors and officers liability policies to cover FDA, Department of Justice, and even SEC investigations. The articles in this feature provide summary treatments that will provide an overview of food contamination coverage issues, to be used for basic understanding or as a starting pint for further research. Comments and contributions are welcome and encouraged. Please contact Suzan F. Charlton for further information or to submit articles.



Food Contamination Editor:

Suzan F. Charlton
Covington & Burling LLP
Washington DC




Going Green


From energy companies to architects and manufacturers to law firms, everyone is going green.  This drive to promote sustainable energy sources, build green homes and offices, develop more efficient products, and otherwise improve our relationship with the environment presents a host of opportunities and issues for the companies and individuals undertaking these efforts as well as those who insure them.  The purpose of this Hot Topic feature is to provide an insurance perspective on this emerging issue in order to equip counsel with the information necessary to communicate with and advise clients in this area.  As diverse as the natural world we live in, the articles collected here will provide a broad range of information relevant to both policyholders and carriers, including: how insurers are encouraging insureds to go green; new green legislation, regulations, and standards (such LEED standards); developing trends in underlying and coverage litigation; and green policy wording and insurance products.  Comments and contributions are welcome. Please contact Jess R. Booth for further information or to submit articles.



Going Green Editor:

Jess R. Booth
Duane Morris, LLP
San Francisco, CA




Construction Insurance


If the Leaning Tower of Pisa were built today, the picturesque cant of the building would cause a flurry of litigation against engineers, consultants, architects, general contractors, subcontractors, and suppliers. Design defect, manufacturing defect, and other construction-related litigation all raise complex insurance coverage issues. Coverage disputes can involve comprehensive general liability, professional liability, and business risk policies, as well as specialized products such as OCIPs (Owner-Controlled Insurance Policies), CCIPs (Contractor-Controlled Insurance Policies), and performance and payment bonds that deal with insuring the construction industry. This Hot Topic feature provides a variety of articles and other resources that highlight the coverage issues relating to construction projects. The information provides both a basic understanding and may be used as a starting point for further research. Comments and contributions are welcome and encouraged. Please contact Ruth Kochenderfer or Hillary Jarvis for further information or to submit articles.



Construction Insurance Editors:

Ruth Kochenderfer, Hillary Coombs Jarvis
Steptoe & Johnson, LLP
Washington, D.C.

 

 

Insurance-Related Discovery

 

Coverage disputes often result in litigation, and after the filing of any lawsuit, discovery battles abound.  This new Hot Topic Feature addresses discovery issues that can arise in the context of breach of contract, bad faith, and declaratory relief actions addressing coverage, or the lack thereof.  The articles collected below are summary treatments, intended to provide an overview of each topic, to be used for basic understanding or as a starting point for further research. Comments, and contributions, are welcome. Please contact Rina Carmel for further information, to submit articles, or to become the Editor of this Hot Topic Feature.




Intellectual Property

Construction Insurance Editors:

Richard J. Bortnick
Cozen O'Connor
West Conshohocken, PA

 


Back to Top