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...
The state of the law across the U.S. regarding insurance for construction defects under commercial general liability (CGL) coverage is an ever-changing landscape. Although numerous coverage issues continue to be debated, including the fundamental issue...
Property insurance policies, like other insurance policies, contain an overall limit of liability, which is the maximum amount that the insurance company will pay for any given loss. In addition to an overall limit, policies may also contain...
The opioid crisis has focused attention on workplace substance abuse like never before. In August, President Trump declared the opioid crises “a national emergency,” the likes of which “this country has never seen before.” State and federal political...
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...
Insurance issues often influence the outcome of securities arbitrations and mediations, yet the workings of errors and omissions insurance is not fully understood by many lawyers, arbitrators and mediators. In fact, insurance information is generally...
It is an unfortunate fact of life for insurers and insurance coverage defense attorneys that courts often lean the insured’s way in matters of policy interpretation. This axiom also carries through in many jurisdictions when insurers accuse the insured...
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...
Lawyers who maintain active social media presences should be aware of two recent opinions by ethics committees in New York discussing the extent to which lawyers’ postings on the social media page LinkedIn constitute attorney advertising in New York. ...
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...
This article address whether, under New York law, a commercial general liability (“CGL”) insurer would be liable for its insured’s breach of contract if the insured botches a building renovation resulting in foul odors permeating the building so much so...
