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Post-Hurricane Coverage and Claims Adjustment Issues​

March 14th, 2025|Categories: CLE OnDemand, Environmental Torts, Insurance, New Webinars|Tags: , , , , |

Take this CLE webinar and gain a better understanding of ey insurance coverage issues arising from Hurricanes Helene and Milton, including business interruption claims, deductibles, flood sublimits, and strategies to address delays in the claims adjustment process. We feature experienced insurance recovery attorneys Dennis Artese, Marshall Gilinsky, Joshua Gold, and Grant Brown of Anderson Kill, P.C. Take it now or when you're ready. It's on demand!

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Mexico Bans Imports of Foreign Textiles: Does My Insurance Policy Cover That?

February 25th, 2025|Categories: Corporate Compliance, Emerging Litigation & Risk, HB Tort Notes, Insurance, Journal, New Featured Post for Home Page, News|Tags: , , , , |

Diana Gliedman, Dennis Nolan, and Fiona Hogan examine the impact of Mexico’s recent presidential decree banning certain foreign textile imports through the IMMEX program and increasing tariffs on textile products. The ban has disrupted operations for textile companies and third-party logistics providers, leading to unexpected costs, rerouting challenges, and supply chain delays. The authors outline how businesses may find relief through insurance policies such as Supply Chain Insurance, Business Interruption, Contingent Business Interruption, and Marine Cargo/Stock Throughput Insurance. They emphasize the need for swift action to review coverage, notify insurers, and document losses to maximize potential claims.

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Catastrophic Wildfires Recovery – Get the Most from Your Insurance Coverage

February 9th, 2025|Categories: Class Actions, CLE OnDemand, Environmental Torts, Insurance, New Webinars|Tags: , , , , |

Take this CLE webinar and gain a better understanding of the complex insurance coverage and remediation issues arising from wildfire disasters, including property damage claims under commercial all-risk and homeowners insurance, valuation provisions like replacement cost and ACV, and time element coverages such as business income loss, civil authority coverage, and additional living expenses. We feature experienced insurance recovery attorneys Dennis Artese, Marshall Gilinsky, and Joshua Gold of Anderson Kill, P.C. Take it now or when you're ready. It's on demand!

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Wildfire Insurance Coverage for Homeowners and Businesses with Anderson Kill

January 21st, 2025|Categories: ELP, Emerging Litigation & Risk, Environmental Torts, Insurance|Tags: , , , , |

The horrific wildfires unleashing carnage in Southern California underscore the need for reliable insurance protection both for businesses and homeowners. In this episode, three seasoned attorneys discuss the types of damages and losses typically covered under homeowner and commercial property insurance policies, policy limitations, navigating the claims process, and business interruption coverage. They also talk about a Jan. 10, 2025, ruling out of the Northern District of California in Bottega v. National Surety which held in a business interruption case that whether smoke damage caused the suspension of operations at the policyholders’ businesses is a genuine issue of fact. Check out our interview with Anderson Kill attorneys Dennis Artese, Marshall Gilinsky, and Joshua Gold. They know this area of the law inside and out.

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Covid Insurance Coverage Decisions with Guest Marshall Gilinsky. Are Policyholders Catching Up?

September 22nd, 2022|Categories: ELP, Emerging Litigation & Risk, News|Tags: , , , , |

According to the online Covid Coverage Litigation Tracker (CCLT) run by Penn Law there have been more than 2,300 insurance coverage cases filed over denial of claims relating to Covid-19. Restaurants and bars were hardest hit by the pandemic and so led the way in seeking – and being denied – coverage, too. They are also leading the way in suing their insurers. The top five insurers in the defense position are Chubb Limited at #5, then #4 Lloyds of London, #3 Cincinnati Financial, and #2 Zurich.  And in the #1 position facing the most coverage suits is Hartford.  The insurance industry started off strong when this litigation began, winning the vast majority of the coverage suits. And they continue to do well, scoring with the argument that many of the claims do not involve actual property damage. Government closures don’t cause property damage, they argue. Courts have largely been siding with the carriers – but not all. Policyholders, a tenacious bunch, appear to be chipping away at the body of law in this suddenly expanding category. A recent case involving a New Orleans restaurant against Lloyd’s was penciled into the win column for carriers by a trial court , but an appeals court erased it and wrote the policyholder a narrow 3-2 victory. The appeals court said the language [...]

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Maximizing Insurance as Climate Change Intensifies

August 14th, 2022|Categories: CLE OnDemand, Environmental Torts, HB Risk Notes, Insurance, Mass Torts|Tags: , , , , |

HB presents an Anderson Kill webinar on-demand MAXIMIZING INSURANCE RECOVERY AS CLIMATE CHANGE INTENSIFIES As weather-induced disasters continue to intensify, maximizing insurance coverage after major storms, floods, wildfires, and other natural cataclysms is an essential survival skill for any business. In this session, attorneys who have successfully litigated property, business interruption and contingent business interruption claims from Hurricanes Katrina through Ida, along with wildfire and other major disaster claims, walk participants through all phases of insurance recovery, from buying the right policies to pursuing claims with persistence and awareness of pitfalls, to litigating successfully when necessary. Specific lessons from Hurricanes Sandy (2012), Harvey (2017) and Maria and Irma (2020) will be addressed. Topics: Developing a pre-storm preparedness plan, including mitigation efforts, assembly of a claims team, and insurance coverage review; Moving quickly to protect property from further damage, performing all emergency repairs, and documenting all losses in detail; Preparing and presenting well-supported property damage claims; Recognizing and including business interruption losses and extra expense outlays; Highlighting policy interpretation issues that affect the scope of available coverage; Outlining strategies for pursuing claims and incentivizing the insurance company to resolve them with due speed. On-Demand Registration Includes 1+ CLE credits (subject to bar rules). CLE codes are embedded in the video. CLE questions? [...]

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Vince Vitkowsky on Insurance Coverage for Civil Unrest

April 20th, 2021|Categories: Complex Business Litigation, ELP, Insurance, News|Tags: , , , , |

Vince Vitkowsky on Insurance Coverage for Civil Unrest Civil unrest. Peaceful protests. Massive marches. Riots. Looting.  Which of these things are not like the other? Recent social outrage over police shootings of Black people -- these events in particular -- have sent people to the streets by hundreds of thousands. In some cases these constitutionally protected activities are followed by property damage, injury and death. Observers continue to debate who is responsible for the violence.  Whatever the answer, as a very practical matter, someone has to pay for the property damage. Join me for my conversation with Vince Vitkowsky of Gfeller Laurie LLP.  Vince  possesses deep knowledge of insurance coverage matters, representing carriers in a variety of areas, e.g. cyber risk, data privacy, general liability, directors and officers liability, health, and more. He combines his experience as a veteran insurance and reinsurance lawyer with a strong background in terrorism and national security law. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Vince is , please drop me a note at Editor@LitigationConferences.com. I hope you enjoy the [...]

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Melicent Thompson on Coverage for Covid-19 Business Income Losses

March 23rd, 2021|Categories: Complex Business Litigation, HB Risk Notes, HB Tort Notes, Insurance, Journal, News|Tags: , , , , |

Melicent B. Thompson on COVID-19 Coverage Abstract COVID-19 indisputably has taken an enormous economic toll. Governmental shutdown orders early in the pandemic and ongoing restrictions on business’ operations have resulted in a flood of claims for insurance coverage for business income losses attributable to those orders and restrictions. This article reviews the litigation and legislative developments directed at attempting to find insurance coverage for such losses and the reasons why those efforts have been unsuccessful for the most part. Author Melicent B. Thompson (mthompson@gllawgroup.com) is a Partner with the law firm Gfeller Laurie, LLP, in West Hartford, Connecticut. She thanks her fellow Gfeller Laurie, LLP attorneys who contributed to this article. Melicent has close to 25 years of experience in litigation and corporate counseling. She actively practices in Connecticut and Georgia courts in insurance coverage, business disputes, professional liability claims, defense of educational and financial institutions and general liability. Her insurance coverage practice encompasses all areas of first and third party claims and related litigation services, including declaratory judgment actions, defense of bad faith claims and reinsurance matters. Melicent has substantial appellate court experience, having briefed and argued appeals before the Second Circuit Court of Appeals and the Connecticut Supreme and Appellate Courts. Her pro bono work includes serving as General Counsel to the Board of Directors of Gifts [...]

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Chubb’s COVID-19 Claim Denials Draw Litigation from Hollywood

December 7th, 2020|Categories: Complex Business Litigation, HB Risk Notes, HB Tort Notes, Insurance, News|Tags: , , , , |

Editor and Managing Director HB Litigation Conferences Editor@LitigationConferences.com Chubb’s COVID-19 Claim Denials Draw Litigation from Hollywood Well-known policyholder and insurance recovery attorney Kirk Pasich and his firm have sued Chubb insurance companies on behalf of policyholders in the entertainment industry to recover millions in losses they suffered as a result of the Covid-19 pandemic. Entertainment Business Interruption On Nov. 11, 2020, the firm filed suit on behalf of United Talent Agency LLC in Los Angeles County Superior Court against Vigilant Insurance Co. and Federal Insurance Co. UTA seeks coverage for the millions it lost when concerts and television and movie projections had to be cancelled. The complaint says both carriers are part of the Chubb group, “which has adopted a universal practice of denying coverage for all business interruption claims associated with SARS-CoV-2, Covid-19, and subsequent events” (UTA v. Vigilant, No. 20STCV43745, Calif. Super. Ct., Los Angeles). Acts affected include Post Malone, Guns N' Roses, and Toby Keith. The case hinges in part on the carriers’ assertion that there was no “physical loss or damage.” UTA finds Vigilant based its finding on little information, and knowing for decades that "many courts have held that the presence of a hazardous substance on a property, including the airspace inside buildings, constitutes property damage and that there may be ‘direct [...]

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Aon SVP Belfiore on Corporate Cyber Risk

November 1st, 2018|Categories: HB Risk Notes, Insurance, Technology Law|Tags: , , , , |

Cyber Risk of Paramount Concern to Corporate Boards Lack of History Remains a Challenge "Cyber security is the most polarizing issue on the corporate board agenda these days," says Anthony Belfiore, SVP and Chief Information Security Officer at Aon. "It has the most potential impact and the most regulatory pressure among all risks companies face. Nothing is more top of mind right now." "You just have to look at the amount of media coverage and the actual realized impacts companies are experiencing. Hundreds of thousands of businesses from big to small are being affected. The entire healthcare system in the UK went down. The impact is tangible. It’s affecting day-to-day operations," he says. “And no one is immune. Board members come from a diverse set of industries, and all are impacted." Why is cyber risk such a hot button for companies versus other types of risks? "The risk has become more urgent as it has shifted to actual business interruption," Belfiore says. "Historically companies were concerned with data leakage and loss, or regulatory fines, but now the actual operation itself can come to a halt. When a company goes down for three days that hits the media. Analysts notice. You can trace a specific event to a drop in stock values." Aren't fines still a concern?   "Yes. We are operating in [...]

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Cyber Risks Enter a New and Increasingly Vicious Phase

October 31st, 2018|Categories: Complex Business Litigation, HB Risk Notes, Technology Law|Tags: , , , , |

For anyone plotting the evolution of cyber risks, the last phase of cyber-attacks was dominated by breaches that resulted in lost or stolen personal or financial data that could then be monetized. The current phase is different. “We have observed a significant increase in the number of disruptive breaches that our clients are dealing with,” says Charles Carmakal, Vice President at Mandiant/FireEye. “These involve destruction, extortion, or public shaming.” How are organizations dealing with this shift? “It’s catching many organizations off guard. Most don’t have a playbook for dealing with extortion,” Carmakal says. “While they may have thought about a ransomware situation, that’s different from the more common type of extortion we are seeing these days, where a threat actor threatens C-level executives or corporate board members with the release of sensitive information.” “Many organizations assume the default is they wouldn’t give into the demands, but when in the middle of a crisis too often the decision is made to pay the threat actors,” he says. “So it’s important to consider what your organization will do in this situation. For example, who will be involved in the decision-making process? Organizations should play out an extortion scenario so they have a plan when faced with real demands.” How can organizations better test the efficacy of their security capabilities? Many organizations conduct penetration [...]

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Cyber Insurance Policy Language Review: A Deep Dive Into Key Policy Provisions and Important Differences Among Cyber Policies | Oct. 25, 2018 | Now On-Demand!

October 3rd, 2018|Categories: HB Risk Notes, Insurance, Technology Law|Tags: , , , , |

[one-third-first] Now Available On Demand PLACE: Your computer or mobile device PRICE:  $197 CLE: 1 credit Please send CLE questions to CLE@LitigationConferences.com SPEAKERS: Judy Selby Principal Judy Selby Consulting LLC  Scott Godes Partner Barnes & Thornburg Please contact us with any registration questions: Brownie.Bokelman@LitigationConferences.com Kathleen.McFadden@LitigationConferences.com Your registration includes: •  A site license to attend this webinar (invite as many people in one location as you can fit around your computer at no extra charge). • Downloadable PowerPoint presentations from our speakers. •  The opportunity to connect directly with speakers via email to        HBWebinars@LitigationConferences.com •  At least one-hour of CLE credit. Produced in collaboration with Judy Selby Consulting LLC Also available as part of your subscription at the Thomson Reuters West LegalEdcenter. [/one-third-first] [two-thirds] What's in your cyber policy? Cyber insurance can provide a lifeline to companies dealing with today’s high stakes and constantly evolving cyber risk and regulatory compliance landscape. But not all cyber policies are created equal, and a single policy word can mean the difference between a covered and an uncovered claim.   In this session, we analyze various cyber insurance coverage terms, conditions, and exclusions and describe how the words can impact coverage for real-life claims. What you will learn: • Important differences among generally available insurance coverages for cyber and privacy risks  • Understanding basic cyber insurance policy conditions and [...]

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