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Insurance law and insurance regulation thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as reinsurance, insurance law and insurance products.
Curated
Managing Construction Risk Through Contracts, Insurance And Early ADR
Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.
United States Litigation
J
JAMS
Article
When Your Cyber Insurer Sends You In Circles: A Hacked CFO Email, A Stolen Vendor Payment, And The Coverage Maze That Can Follow
Your company paid premiums year after year, maintained payment controls, and worked to protect its systems and financial information. No CEO expects perfect security or expects every loss to be covered by insurance. But a company that buys coverage for computer fraud, funds-transfer fraud, and social engineering reasonably expects the policy to matter when criminals compromise company communications and divert a seven-figure payment.
United States Insurance
TS
Taft Stettinius & Hollister
Article
Liability Policies Listing Specific Wrongs: Cover Will Not Extend To A Related But Unlisted Delict
A U.S. District Court ruled that a commercial general liability insurer had no duty to defend its insureds against an abuse of process claim when the policy explicitly enumerated covered offenses including malicious prosecution but did not list abuse of process. The court determined that reasonable insureds would not expect coverage for unlisted offenses simply because they share legal similarities with enumerated ones.
United States Insurance
AA
Adams & Adams
Curated
Managing Construction Risk Through Contracts, Insurance And Early ADR
Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.
United States Litigation
J
JAMS
Article
Insured’s Failure To Give Prompt Notice And Pre-Notice Alteration Of Damaged Property Held To Bar Coverage As A Matter Of Law
A United States federal district court has ruled that a property insured's six-week delay in reporting water damage—during which the insured demolished and repaired the affected area—constituted a breach of the policy's prompt notice condition. The decision examines whether an insurer can be held prejudiced when post-repair expert analysis remains possible, and whether an insurer's investigation of a claim constitutes waiver of late notice defenses.
United States Insurance
AA
Adams & Adams
Article
Who Pays After The Hack? Emerging Paths For Cyber Recovery
Recent court decisions reveal a developing area of cyber insurance subrogation where insurers can potentially recover losses from vendors, financial institutions, and service providers who failed to meet specific cybersecurity obligations. These cases demonstrate that a cybercriminal's involvement does not automatically shield third parties from liability when they breach contractual duties or ignore red flags that contributed to the loss.
United States Insurance
WL
WeirFoulds LLP
Article
Your Contractor Has Insurance. That Doesn’t Mean You’re Covered.
Logging contractors face significant insurance gaps that can leave hiring companies exposed to wildfire suppression costs, timber trespass, and equipment damage. Understanding the difference between certificates of insurance, endorsements, and actual policy coverage is critical before work begins in the forest. This analysis examines the specific coverage issues that arise in forestry operations and provides practical guidance for aligning contracts, insurance documents, and operational risk.
United States Litigation
FL
Fennemore
Article
New Jersey Supreme Court Clarifies Scope Of Consumer Fraud Act Liability For Insurance Brokers
The New Jersey Supreme Court has issued a landmark ruling that insurance brokers can be held liable under the state's Consumer Fraud Act for deceptive practices, including failing to procure adequate coverage or misleading clients about policy scope. This decision opens the door for policyholders to pursue treble damages and attorneys' fees against brokers who engage in misleading conduct, while simultaneously placing new compliance burdens on insurance professionals.
United States Insurance
BT
Barnes & Thornburg LLP
Article
Property Insurance: Broadly Worded Water Exclusions Can Defeat Cover Regardless Of How The Loss Is Framed
A United States court has ruled that a broadly worded water exclusion in a businessowners property insurance policy defeated a jewellery business's claim for storm-related water damage. The decision demonstrates how insurers can successfully rely on comprehensive exclusions that capture multiple related perils, even when policyholders attempt to characterize their losses under a different mechanism.
United States Insurance
AA
Adams & Adams
Article
Courts Reinforce Limits On Insurers’ Efforts To Avoid Coverage
Two recent appellate decisions demonstrate critical limits on insurance companies' attempts to deny coverage through exclusions and defenses. The Pennsylvania Supreme Court rejected insurers' effort to create a judicially-imposed exclusion for sex trafficking claims that was never written into their policies, while a New Jersey court reinforced that insurers—not policyholders—bear the burden of proving exclusions apply.
United States Insurance
LS
Lowenstein Sandler
Article
AI In Insurance Claims And Legal Practice: Navigating The Promises And Perils Of Emerging Technology
Artificial intelligence (AI) has rapidly transformed from a futuristic concept into an everyday tool for insurance claims professionals and legal practitioners. While AI platforms offer unprecedented capabilities in claims analysis, legal research, and document review, they also present significant risks that demand careful attention. Professionals who want to harness AI’s potential can implement simple practices to mitigate its inherent risks.
United States Technology
WE
Wilson Elser Moskowitz Edelman & Dicker LLP
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