In a victory for policyholders, the California Supreme Court recently held that an insured faced with a progressive loss only needs to exhaust all directly underlying polices to access excess layers within that policy period. InMontrose Chemical Corp. v. Superior Court of Los Angeles County,1  the court concluded that in a case (1) involving progressive […]

Within a single week in April, Pennsylvania’s appellate courts issued two decisions with favorable rulings for insureds. On April 22, 2020, in a 4-3 opinion, the Pennsylvania Supreme Court ruled that an insurer must defend its insured in connection with an intentional murder-suicide that also resulted in unintentional injuries.1 Erie Insurance Exchange (“Erie”) provided homeowners insurance […]

As the nation responded to the COVID-19 pandemic, bars and restaurants across the nation were shut down by local or state edict with no known re-opening date in sight. Other restaurants scaled way back to skeletal crews, providing take-out orders only. However, restaurants were not the only businesses that shuttered operations. As more and more […]

Published in the Spring 2020 issue of NASBP Surety Bond Quarterly Richard W. Brown, Michael V. Pepe and Janie Reilly Eddy were recently featured in the National Association of Surety Bond Producers magazine, with their article New Additional Insured Endorsement Forms Will Impact Contractors, Project Owners, Lessees. Click below to read more as this article addresses new ISO issued Additional Insured […]

This article was published by the International Franchise Association (IFA) on April, 29, 2020. Click here to visit their website. Most franchise systems are facing severe financial impacts as a result of the continued spread of COVID-19 and the numerous government-mandated shutdowns that have been ordered by state and local officials in response. Even if your franchised […]

COVID-19 has impacted businesses large and small across the country. Some companies predict that their services or products will be in higher demand, and anticipate marked financial success in the coming months, while others brace for collapse. Either scenario creates a potential liability: the risk of misrepresentation or improper disclosure to investors about the company’s […]

Several businesses have commenced litigation in Florida against first-party commercial property insurers seeking coverage for business interruption losses resulting from state and local government orders enacted to mitigate the spread of COVID-19. Most recently, on April 1, 2020, Governor Ron DeSantis issued Executive Order 20-91 requiring all nonessential businesses to close for a period of […]

If you are an attorney, insurance broker, or other professional representing developers and contractors, then your clients have likely reached out with concerns about losses related to COVID-19. One common question is whether there is potential coverage under builders risk insurance policies. The short answer is: It depends. As with most questions pertaining to insurance […]

Louisiana, Pennsylvania and South Carolina are considering legislation that would mandate coverage under property policies for business interruption losses resulting from the COVID-19 pandemic. These states join the growing group of states that are considering enacting such legislation, which now includes New Jersey, Massachusetts, Ohio and New York. Louisiana House Bill No. 858 (the “LA […]