TRIGGERS FOR RECOVERY OF PREJUDGMENT INTEREST
Where an insurer had denied a claim and many years have ensued until an adjudication of its duty to defend, prejudgment interest recovery can be significant. This, in turn, can make choice of the forum to pursue a coverage case, as well as what law that forum may apply, a critical decision element for coverage litigation.
Why NFT Valuation Represents an Insurable Asset
Insurers may well find themselves embroiled in policyholder quests to secure defense fee reimbursement arising out of lawsuits contesting rights to NFTs and infringing uses of asserting NFT rights.
The Gorilla in the Closet: Insurers Take a Superficial View of Covid-19 Science
COVID-19 is the type of all-encompassing loss event that upends the risk calculations on which insurers build their businesses.
Conservative 5th Circuit Broadly Construes "Publication" in Policy to Cover Hack
Despite generally analogous insurance policies being available across the country, the location of a lawsuit and the predispositions of particular courts can often be determining factors in coverage lawsuits, particularly where a case comes down to conventions of policy interpretation.
Expanding Opportunities for Coverage of M&A Transactions in Representation and Warranty Insurance
The prevalence of RWI may lead corporations and their coverage counsel to ask whether it makes sense for them. How big must a deal be to make such a policy worthwhile? What opportunities exist—where can a policy be found, and what limits are available? Are there any pitfalls?
Duplicitous and Overbroad Insurer Constructions of Exclusions Improperly Deprive Policyholders of Coverage Benefits
Insurers, incentivized to avoid their duty to defend policyholders in lawsuits, have sometimes embraced the idea that even one connection between a policy exclusion and a claim is enough to relieve them of that duty. While a policy may state that it does not indemnify certain alleged offenses by the insured, the insurer should not be able to deny a defense where those allegations comprise only a portion of an otherwise covered suit.