Narrowly Construing COVID-19 Business Interruption Insurance Coverage
Corporate Counsel, CGL/UMB David Gauntlett Corporate Counsel, CGL/UMB David Gauntlett

Narrowly Construing COVID-19 Business Interruption Insurance Coverage

A 4th District, Division 1, California Court of Appeals panel, in The Inns by The Sea v. California Mutual Ins. Co., decided that civil authority coverage cannot be implicated because “bodily injury” or “property damage” was not the triggering event, but rather the authority’s announcement of a shutdown in mid-March of 2020. The court’s analysis emphasizing the non-event essential espouses that the egg came into life, full force, without the chicken.

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ESTATE LITIGATION AND INSURANCE COVERAGE
Estate Litigators David Gauntlett Estate Litigators David Gauntlett

ESTATE LITIGATION AND INSURANCE COVERAGE

While probate and civil litigation address legal issues in separate spheres, those distinct lawsuits often address interwoven factual disputes. Where procuring Professional Liability Trustee insurance is, more times than not, a viable solution, proactive acquisition of insurance coverage trustees placed in a fiduciary duty role. This, access to insurance coverage is more broadly available than many policyholders recognize.

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When Insurance Coverage Arises for Implicit As Well As Direct Disparagement
CGL/UMB David Gauntlett CGL/UMB David Gauntlett

When Insurance Coverage Arises for Implicit As Well As Direct Disparagement

Implicit disparagement is an insurance coverage doctrine often overlooked or misapplied. It first surfaced within the final decade of the last millennium. The reasoning was always there. But, coverage practitioners had not presented the available arguments that demonstrated that “disparagement” offense policy did not require that the allegations addressed all elements to evidence common trade libel law or product disparagement to establish coverage under offense “d”.

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TRIGGERS FOR RECOVERY OF PREJUDGMENT INTEREST

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.

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Insurance Coverage for and IT Consultant’s Role in Media/Cyber Policy Application
Cyber/Crime, E&O/Media/Tech David Gauntlett Cyber/Crime, E&O/Media/Tech David Gauntlett

Insurance Coverage for and IT Consultant’s Role in Media/Cyber Policy Application

As many entities shift a number of employees to remote desktop work, policyholders face the challenge of procuring appropriate coverage for risks arising from their growing online business operations. Traditional policies leave gaps in coverage for cyber-related claims as their policy language rarely include the necessary protections for injury cause through online operations. Make sure you have the appropriate coverage for your online business by securing Cyber/Media polices into your insurance portfolio.

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Preferred General Partnership Liability ("GPL") Policies for Private Equity Firms

Preferred General Partnership Liability ("GPL") Policies for Private Equity Firms

Private equity firms could be spending to much money on their D&O policies to cover their partnerships. Or, they could be leaving considerable gaps in their D&O policies to claims arising out of partnerships. A GPL policy can change all that, saving private equities money and providing critical coverage appropriate for private equity partnerships.

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Reach for the Stick: Why Dynamite is Less Dangerous Than "Claims Made & Reported" Policies

Reach for the Stick: Why Dynamite is Less Dangerous Than "Claims Made & Reported" Policies

Dynamite is inherently risky and should be treated with kid gloves. Nitroglycerin, an element, within the dynamite is susceptible to shock and so must be handled with extreme caution and care. Compared to dynamite, “Claims-Made-and-Reported” policies include a number of traps for the unwary policyholder that if not mindful can result in major losses.

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Conservative 5th Circuit Broadly Construes "Publication" in Policy to Cover Hack
E&O/Media/Tech, CGL/UMB, Cyber/Crime David Gauntlett E&O/Media/Tech, CGL/UMB, Cyber/Crime David Gauntlett

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.

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Insurance Coverage Under E&O/D&O Policies for Fraud

Insurance Coverage Under E&O/D&O Policies for Fraud

In RSUI Indemnity Co. v. Murdock, a D&O policy was found to require the defense of a federal securities action. The court affirmed the trial court’s determination that a Profit/Fraud Exclusion did not apply, because there was no adjudication of the underlying action, which was a requirement for the exclusion.

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Expanding Opportunities for Coverage of M&A Transactions in Representation and Warranty Insurance

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?

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Duplicitous and Overbroad Insurer Constructions of Exclusions Improperly Deprive Policyholders of Coverage Benefits
Policyholder Counsel, Corporate Counsel David Gauntlett Policyholder Counsel, Corporate Counsel David Gauntlett

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.

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