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, [...]

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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 [...]

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Covid-19 Insurance Coverage Disputes: Decisions on Physical Loss, Virus Exclusion

December 8th, 2020|Categories: HB Emerging Law Notes, HB Risk Notes, HB Tort Notes|Tags: , , , , , , , , , , |

Robert Laurie Melicent Thompson Vince Vitkowsky Elizabeth Ahlstrand Elizabeth Hoff Covid-19 Insurance Update by Gfeller Laurie LLP: Insurers Ahead, Policyholder Scores One With the current exception of JGB Vegas Retail Lessee, LLC v. Starr Surplus Lines Ins. Co., insurers continue to prevail in the overwhelming majority of those cases with decisions based on the absence of direct physical loss or analogous coverage terms, or on the presence of virus exclusions, or both. As the decisions proliferate, there is a certain repetitiveness in the arguments and analyses. Therefore, the synopses below will address only the essential holdings and certain distinctive or otherwise interesting aspects of the decisions. Decisions Granting Motions to Dismiss Based on Lack of Direct Physical Loss or Damage Uncork and Create, LLC v. The Cincinnati Ins. Co., Civil Action No. 2:20-cv-00401, 2020 WL 6436948 (S.D. W. Va. Nov. 2, [...]

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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, [...]

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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 [...]

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Business Interruption and Other Coverage Disputes Over COVID-19 Claim Denials

July 19th, 2020|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes|Tags: , , , , , |

When it Comes to COVID-19 Shutdown Losses, Businesses Say Yes, Insurers Say No    Whenever a dispute arises over insurance coverage, the advice always starts off with “read the policy.” Well, policyholder businesses and insurers across the country are reading the same policies, but you wouldn’t know it. Claims are made. Claims are denied. Insureds say they are damaged. Insurers say they aren’t. And, because billions of dollars hang in the balance, litigation is born. And when you start messing with our favorite taste sensations, you know the sh!t is getting real. Here are a few recent actions for insurance law watchers out there.  --Tom Hagy, Managing Director Insurer-insured relationships sour in Wisconsin, Minnesota, and Tennessee.   Owners of the popular Madison Sourdough bakery lost tremendous business because of a statewide “safer at home” order. Patrons and restaurants were denied their Viennoiserie, “yeast-leavened breakfast pastries,” a treat they came to love. The same was true for a chain of taverns, Willy McCoys. The drinking and eating establishments could not serve their loyal following of “everyday Joes” due to the COVID-19 [...]

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