Representation and Warranty Insurance: Exploring Trends, Updates, and Challenges Amidst the COVID-19 Pandemic

2021-07-06T21:27:39-04:00

The current global health crisis brought by COVID-19 continues to radically modify important economic activities across the world. In response to the pandemic, the representations and warranties (R&W) insurance landscape has also started to witness notable developments, specifically in relation with COVID-19-related exclusions and due diligence expectations.

Construction Defect Litigation and Insurance Coverage: What You Must Know and Do

2021-06-22T03:28:57-04:00

The construction industry has been hounded by unprecedented threats and other legal pitfalls. Various claims for damage to property or persons arising from construction projects, often expose companies and individuals to the risk of costly litigation. In order to prevent or limit risks arising from such claims, general contractors, subcontractors, and owners must adopt an insurance program that will effectively mitigate the risks of claims and potentially provide a source for coverage and recovery.

How to Effectively Handle Depositions in Insurance Coverage and Bad Faith Litigation: A Practical Guide

2021-10-04T04:46:06-04:00

Depositions are a crucial part of the pre-trial discovery in insurance coverage and bad faith litigation. It also involves nuances distinctive to insurance law, such as the legal complexities brought by Rule 30(b)(6), which litigators need to be well-versed in. Successful management of litigation deponents is a significant step to prevailing in the case, hence, thoughtful strategies need to be put in place.

Business Interruption Insurance: Lessons Learned from the Pandemic

2021-06-15T03:55:09-04:00

The COVID-19 pandemic is drastically affecting today’s global economy. Because of temporary closures and disrupted supply chains and sales, businesses today are confronted with profound income losses. This fallout has prompted an upsurge in business interruption insurance claims. Whether standard commercial policies provide coverage for virus-related income loss is hotly contested, however. Likelihood of recovery on such claims will depend on the terms and conditions of individual policies, as well as ongoing developments in litigation and legislation.

Business Interruption Insurance Coverage Claims and Litigation: What You Must Know and Do Amid the COVID-19 Pandemic

2021-06-14T23:29:18-04:00

Since the onset of shutdown orders due to COVID-19, business owners have turned to their insurance policies to seek coverage for lost revenue and other pandemic-induced expenses. Insurers have generally denied business interruption coverage to these claims, referring to policy requirements for direct physical loss. Policyholders have brought their claims to the courts and, in most cases, judges have ruled in favor of the insurers. However, this trend is expected to change as plaintiffs start to find the weaknesses of the defendants’ arguments.

Representations and Warranties Insurance: Trends, Developments, and Issues You Should Know

2021-08-22T22:07:05-04:00

The representations and warranties insurance (RWI) market continues to rapidly evolve as it responds to the ongoing pandemic. A number of RWI trends have started to emerge including the classification of the current crisis as a heightened due diligence area and the standardization of COVID-19 exclusions. More significantly, several other issues are yet to arise as the health crisis continues to unfold.

Cyber Insurance in Commercial Contracts: What You Must Know and Do

2021-03-22T23:57:26-04:00

Cyber insurance has been valuable in covering non-physical losses in commercial contracts. Significantly, as cases of cyber threats continue to proliferate, many contracts now contain a sub-clause on cyber coverage which protects businesses from damages brought by data breaches and computer attacks. Cyber insurance also provides coverage for regulatory investigations as well as for third-party claims.

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