As we explained in our introductory post, rapid advancements in artificial intelligence (AI) present multifaceted risks for businesses of all types. The magnitude, fluidity and specificity of these risks underscore why businesses should continually audit their own unique AI risks profiles to best understand and respond to the hazards posed by AI.
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Is New York’s Commercial Division Right for My Case?
New York’s Commercial Division is a sophisticated forum for resolving complex commercial disputes. The Commercial Division has many advantages over other forums: judges are hand-selected for their experience with commercial cases, discovery procedures are streamlined to save time and money, and dispute resolution is encouraged early and often. However, the several sets of overlapping rules…
Policy Rescission: Avoid Relying Solely on the Broker
Policyholders purchase insurance policies as a safety net, promising financial protection in times of need. However, that safety net can disappear when an insurer rescinds a policy—a devastating consequence for potentially innocent policyholders. We recently published a post following a Fourth Circuit decision addressing this issue. The Ninth Circuit has also addressed this issue, most…
Delay and Disorganization ≠ Failure to Cooperate
Insurance policies usually have cooperation clauses requiring policyholders to work with the insurance company when making a claim. These clauses ensure policyholders actively participate in claims investigations. Failure to cooperate may be a breach of the policy, and the insurer may deny coverage.…
Recent Delaware Coverage Decisions on Relatedness Leaves D&O Claim Uncertainties
Directors and officers (“D&O”) liability insurance policies typically include provisions that aim to treat two or more “related” claims as a single claim, back dating the later claim to the date the original claim was first made. Whether two or more claims are, in fact, “related” frequently leads to coverage disputes since the outcome can…
Treasurer’s Payment Mistake Requires Defense Coverage Under Property Association’s D&O Policy
A federal court recently ruled that a carrier must defend its policyholder against a claim involving the treasurer’s erroneous payment to a scammer. The ruling shows that a “wrongful act” under a D&O policy need not be an egregious act of wrongdoing, that coverage may hinge on whether extrinsic evidence can establish coverage, and that…
Business Insurance Names Rachel Hudgins Among 2024 Break Out Award Winners
We are pleased to announce that counsel Rachel E. Hudgins has been recognized as one of Business Insurance’s 2024 Break Out Award winners. The magazine’s Break Out Awards honor 40 top professionals each year from a competitive field of nominees who have under 15 years’ experience in the insurance and risk management sector and are…
Supreme Court Sinks Yacht Owner’s Insurance Counterclaim on Choice-of-Law Grounds
The United States Supreme Court recently held in Great Lakes Ins. SE v. Raiders Retreat Realty Co., LLC, that choice-of-law provisions in maritime contracts, including maritime insurance policies, are presumptively enforceable under federal maritime law. In Great Lakes, a policyholder asserted counterclaims against its insurer under the state law of Pennsylvania, where the insurer had…
Avoiding Rescission of Insurance Coverage: An Insured’s Worst Nightmare
No policyholder wants to hear the word “rescission” in the context of an insurance claim. The reality, however, is that when policyholders complete applications for insurance, they are typically focused on obtaining the best policy terms for the best rate. Nuances about question wording, the breadth of the applicant’s representations or how a court may…
Recent Suit Filed in California Federal Court May Offer Glimpse Into Adjudicating RWI Disputes
A software company—Zywave, Inc. (“Zywave”)—recently filed a lawsuit in California federal court that may provide rare insight into how courts will resolve representations and warranties (“R&W”) insurance coverage disputes. Zywave purchased a buyer-side R&W policy in connection with its acquisition of an insurance product-distribution software company. Zywave alleged that, post-close, it learned that the seller…