Blog: Policy Review and Analysis

Trouble persists for policyholders seeking coverage for Biometric Information Privacy Act (“BIPA”) litigation after the recent decision by the U.S. District Court for the Northern District of Illinois in Westfield Insurance Company v. UCAL Systems, Inc. d/b/a AMTEC PRECISION PRODUCTS, et al.¹   The District Court held that the Recording and Distribution of Material of Information of Law Exclusion applies to violations of BIPA and, thus, excludes coverage under Commercial General Liability (CGL) policies with similar exclusionary language.

Overview Several states utilize a unique statutory mechanism to allow school districts to finance the construction of public-school facilities. This arrangement (known as a “lease-leaseback agreement”) allows a school district to lease property to a contractor/developer, who then constructs or renovates a school facility on the property. Once the work is completed, the contractor/developer leases […]

Additional insured endorsements often provide “blanket” coverage to persons or organizations as required by a written contract. However, the wording of the “blanket” language is critically important, as the inclusion of certain phrases in an additional insured endorsement can result in a denial of coverage for the upstream party. For example, risk transfer issues can […]

The construction industry, like many other industries, has experienced an increased reliance on, and implementation of, technology in the past few years. Smart phones and tablets are used on most project sites, computers are an integral part of the planning process, and various software programs are used throughout the construction process. Likewise, much of the […]

The Tenth Circuit’s recent broad application of Oklahoma law on “interrelated acts” creates concerning precedent for policyholders seeking to maximize coverage under a professional liability policy with per claim limits. In this regard, careful pre-loss planning and policy modifications may prevent unexpected coverage gaps and avoid surprise exposure. In addition, post-loss strategic planning may prove […]

When an insurer handles a claim in violation of its duty to act in good faith, policyholders are often eager to sue the insurer for bad faith, seeking extra contractual damages. Before filing suit, however, it is critical that policyholders consider what state’s law applies to the bad faith claim. In the recent case of Scott […]

In the matter of Remprex, LLC v. Certain Underwriters at Lloyd’s London1, policyholder Remprex was thrust into two separate class actions, both involving alleged violations of the Biometric Information Privacy Act (“BIPA”). Remprex could not receive coverage under their media liability policy due to an exclusion of coverage for losses arising from the unlawful collection or […]

Following significant backlash in reaction to the Nevada legislature’s new law prohibiting enforcement of any provisions in liability insurance policies dictating that defense costs are included within the limits of insurance, the Nevada Division of Insurance issued an emergency regulation further clarifying the law.1  The regulation modifies two key aspects of the original law: The […]

Nevada’s legislature recently passed a groundbreaking law imposing two prohibitions on insurers. First, the law prohibits insurers from issuing or renewing any liability insurance policy with an “eroding limits” provision. While the first section of the law will have the most immediate effects, the statute goes further, generally prohibiting insurers from limiting the availability of […]

Although collateral agreements provide security for insurers on policies with large deductibles, they can create hardships for insureds that are out of proportion with the insurers’ security concerns. Insurers require collateral as security for the repayment of insureds’ deductible obligations for large-deductible liability insurance policies. But collateral agreements also can tie up millions of dollars […]

General conditions and general requirements are terms of art in the construction industry that describe the indirect costs necessary to complete a construction project. After physical loss or damage to a project, the following question often arises: Are “general conditions” and “general requirements” covered under a builder’s risk policy? General Conditions vs. General Requirements General […]

First-party insurance coverage is typically structured on the basis of one of two types of insuring agreements: “All Risks” and “Covered Peril.” While the difference may seem innocuous, the ramifications of having one versus the other can be monumentally important in a disputed claim scenario. For the reasons discussed in this article, we recommend that, […]