Maximizing Insurance as Climate Change Intensifies

August 14th, 2022|Categories: Emerging Issues Webinars, Emerging Litigation & Risk, Emerging-On-Demand-CLE, Featured On-Demand, Torts-On-Demand-CLE|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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Melicent Thompson on Coverage for Covid-19 Business Income Losses

March 23rd, 2021|Categories: HB Emerging Law Notes, HB Risk Notes, HB Tort Notes, Journal on Emerging Issues in Litigation|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: HB Emerging Law Notes, HB Risk Notes, HB Tort Notes|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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European Union’s Top Court Strikes Down EU-US Privacy Shield

August 25th, 2020|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes|Tags: , , , , |

European Union's Top Court Strikes Down EU-US Privacy Shield The Court of Justice for the European Union has invalidated the EU-US Privacy Shield as an approved mechanism for transferring personal data from the European Union to the United States. The Privacy Shield had been in place since October 2015, and enabled U.S. companies to more easily receive personal data from EU entities. The decision by the court “leaves many companies scrambling to implement alternative mechanisms to safeguard personal data transfers to the U.S.," says Sten-Erik Hoidal of Frederikson & Byron, P.A. With the invalidation of the privacy shield, companies are essentially left to decide on their own how data will be lawfully transferred. Attorneys from Perkins Coie recommend companies “consider amending any data processing addenda (DPAs) which companies have signed with vendors or customers to incorporate the EU Standard Contract Clauses.” Moving forward, U.S. and European companies will now attempt to create a new deal that complies with the privacy standards for transferring digital information. The first large company to weigh in on the decision, Microsoft tells customers that they “can continue to use Microsoft services in full compliance with European law” and that the ruling “does not change the data flows of our services to Consumers.”   Photo by Tabrez Syed on Unsplash Send Us Your News

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