Newsroom

Corrosion is Corrosion is Corrosion is Corrosion

November 2, 2017
Corrosion exclusions have been commonplace in first-party property insurance policies for decades, as evidenced by the sheer number of jurisdictions and decisions addressing them.  The exclusion is intended, in part, to prevent a contract of insurance...

I Feel the Earth Move: Subsidence Exclusion Bars Coverage

November 2, 2017
Insurance policies commonly contain an exclusion for losses caused by “earth movement” or “subsidence.”  Such exclusions typically exclude coverage for losses caused by earthquakes, landslides, mudflows, and earth sinking or shifting.  Absent language...

Reinsurance Reserves Found Discoverable

November 17, 2017
In an unusual and noteworthy publicly-reported discovery battle between a cedant and reinsurer, the cedant sought to protect almost twenty years of historical reserving information relating to late notice of asbestos claims against its insured, on...

Health Republic’s Curious Liquidation: Parts 7 and 8

November 2, 2017
For those readers just joining us, in the MCWG Summer 2016 Newsletter, pp. 22-29, we addressed how Health Republic Insurance of New York (Health Republic), New York’s only not-for-profit health insurer formed under the Affordable Care Act (ACA), opened...

Health Republic’s Curious Liquidation: Parts 9-11

November 2, 2017
Parts 9-11 of Health Republic’s Curious Liquidation concerns a January 2016 Roundtable convened by New York State Senators James L. Seward and Kemp Hannon; a December 2016 letter from Senators Seward and Hannon to Department of Financial Services (DFS)...

Health Republic’s Curious Liquidation: Part 12

November 2, 2017
Part 12 concerns a May 8, 2017 Court-ordered proceeding that explored the $7.6 million that Health Republic’s Liquidator spent during the first ten months of the liquidation proceeding — all without Court approval.[1] The proceeding revealed that:...

Sorry for the Delay

July 1, 2017
If you could count on anything, it would be that our partner, Dan Markewich, would spend at least a few minutes at each monthly partner meeting talking about the Mound Cotton Newsletter.  The Newsletter was something he took pride in, often reminding...

The New Cyber Threat – Business Interruption Exposure

July 1, 2017
As more businesses come to realize that cyber attacks pose a serious threat to business operations, revenue streams and contingency planning, the market is starting to expand and develop new products to address business interruption (“BI”) resulting...

Lawyers As Whistleblowers: Recent Developments

July 1, 2017
Several courts recently addressed the issue of whether lawyers may serve as whistleblowers against their former clients when doing so results in the disclosure of confidential client information. The Second Circuit, in Fair Laboratory Practices...