Newsroom

Reinsurance Arbitration Awards — An Uphill Battle?

June 17, 2021
Maintaining Confidentiality When Petitioning for Relief in Court A long-running dispute between Pennsylvania National Mutual Casualty Insurance Company and one of its reinsurers, Everest Reinsurance Company, recently culminated in the unsealing of an...

Same Virus, Different Outcomes

April 27, 2021
State and federal courts across the country are grappling with insurance coverage litigation, as insureds who suffered business losses due to government-mandated shutdowns look to their property insurers for relief. These cases present the following key...

When Should Law Firms Notify Clients About Data Breaches?

January 12, 2021
Much has been written in recent years about lawyers’ duties to preserve the confidentiality of client information under the rules of professional conduct and to take reasonable precautions to strengthen cybersecurity in order to avoid data breaches. ...

The “Matching” Problem

September 25, 2019
Suppose a pipe bursts in a hotel, causing water damage to an entire floor, and requiring the replacement of that floor’s carpeting.  As it turns out, however, that style and pattern of carpeting is no longer available anywhere.  The hotel insists that...

In Defense Of Bill Cosby

September 25, 2019
If only Clair Huxtable, Esq. were willing to take on Cliff Huxtable’s cases pro bono, maybe William “Bill” Cosby could have avoided the extended legal battle with American International Group, Inc. (“AIG”) over whether it was obligated to defend Mr....

Is My Amazon Echo Spying On My Clients?

May 24, 2019
Is my Amazon Alexa spying on me?  Recent years have witnessed the growth and proliferation of voice-activated virtual assistants like the Amazon Echo, with its digital assistant Alexa, Google Home, and Apple Home Pod, which have picked up where Apple’s...

When The Damage Is Done

May 20, 2019
Let’s say an instant oatmeal product incorporates a dried milk ingredient that has been manufactured in a facility with unsanitary conditions and that the milk ingredient may be contaminated with Salmonella as a result.  The instant oatmeal product then...

Can A Grain of Rice Cause Mass Destruction?

December 20, 2018
Technology keeps progressing in leaps and bounds. We read that robots or the much- awaited (or dreaded) artificial intelligence are going to take over property claims work in the All Things Internet New World.  Unfortunately, there is a “dark side” that...

Developments in Real Estate Professional Liability: 2018

December 20, 2018
A. Introduction From causes of action sounding in breach of contract, to improperly earned commissions, to allegations of violations of real estate specific statutes, buyers and sellers have continued to assert claims against real estate professionals,...

“AE” I Owe You?

December 20, 2018
Court decisions concerning flood zones designated by the Federal Emergency Management Agency (“FEMA”) often seem to be like someone is reciting the alphabet.  “A,” “AE,” “B,” “C,” “D,” “V,” “X,” to name a few.  (What happened to E through U are...

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...

I Feel the Earth Move: Subsidence Exclusion Bars Coverage

October 1, 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...

Sorry for the Delay

June 14, 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

March 6, 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...