On March 27, 2018, the New Your Court of Appeals issued an opinion rejecting the “unavailability exception” to the general rule that a policyholder is self-insured and on the risk for periods of time when insurance coverage was not obtained.
New York attorney Eric Biderman recently spoke with The Deal about an article regarding Florida’s new settlement law. While the new law has been praised by the market’s largest trade group as a victory for consumers, many believe that it may actually be hurting the market.
A recent decision from the Ninth Circuit Court of Appeals reaffirms that policyholders have leverage to convince excess insurance carriers that they should contribute towards potentially covered settlements.
On September 22, 2016, the Supreme Court of Florida held that Florida law bars challenges to the validity of life insurance policies based on a lack of insurable interest once Florida’s two-year contestability period has expired.
In St. Paul Mercury Insurance Company v. Tessera, Inc., the federal court held that a lawsuit against an insured alleging a breach of a license agreement did not constitute a violation of an intellectual property right.
Data breaches continue to complicate the interpretation and understanding of commercial insurance policies. But even as courts confront thorny questions presented by cyber security policies, they continue to rely on long-standing principles of insurance and contract law.
Arent Fox LLP secured a victory for Fortress Re Inc. — formerly one of the largest aviation reinsurance agencies in the market — after a New York district court dismissed a breach of contract claim in late March.
Earlier this month, Arent Fox counsel James Westerlind published an article with Mealey’s Emerging Insurance Disputes that details how cybersecurity risks are impacting insurance policies.
Arent Fox LLP represented Clear Blue Financial Holdings LLC in its launch of two fully-licensed fronting carriers, which will begin servicing clients immediately.
The United States District Court in Nevada issued an Order on June 1, 2015 dismissing the complaint filed by alleged victims of a data security breach suffered by Amazon.com d/b/a Zappos.com (Zappos).
Recently reported data breaches and security gaffes have sent many companies scrambling to secure their data against security breaches and to obtain adequate insurance coverage in the event that such a breach occurs.
There are significant issues for a lender whose loans are secured by life insurance to consider. Principally, these issues relate to ensuring that the lender has properly established a first priority security interest in the collateral.
Late last week, eight days after the Terrorism Risk Insurance Act (TRIA) expired, the US House of Representatives and the US Senate overwhelmingly approved H.R. 26, legislation reauthorizing TRIA until the end of 2020.