HNRK Coverage Corner
On December 27, 2022, the Ohio Supreme Court issued a decision in EMOI Servs., LLC. v. Owners Ins. Co., 2022-Ohio-4649 (Ohio 2022), holding that losses resulting from damage to an insured’s software were not covered under the “Electronic Equipment” endorsement of a property insurance policy.
The insured, EMOI Services, is a computer software company whose product “provide[s] medical offices with service and support for setting appointments, record keeping, and billing.” EMOI fell victim to a ransomware attack and was forced to pay a $35,000 ransom in exchange for ...
On February 6, 2023, Justice Louis L. Nock of the New York County Supreme Court issued a decision in Wesco Ins. Co. v. Nunez Dental Servs., P.C., 2023 NY Slip Op 30373(U), holding that a criminal acts exclusion barred coverage for a lawsuit alleging violations of the rights of privacy and publicity under the N.Y. Civil Rights Law, despite the fact that the insured was never convicted, or even charged with, a crime.
The underlying lawsuit alleged that the insured, Nunez Dental, misappropriated the image of the plaintiff’s image to advertise Nunez’s dental services. Among other ...
On January 9, 2023, Justice Lebovits of the New York County Supreme Court issued a decision in Peleus Ins. Co. v RCD Restorations Inc., 2023 NY Slip Op 50034(U), holding that an insurer could not recoup defense costs from its insured, without an express reservation of the right of recoupment. The Court explained:
Although Peleus provided RCD with coverage in the underlying action/third-party action under a reservation of rights (see NYSCEF No. 17 [reservation of rights letter]), the letter notifying RCD of Peleus’s coverage position did not reserve the right "to recoup expenses ...
On December 22, 2022, Judge Failla of the SDNY issued a decision in 622 Third Ave. Co., L.L.C. v. National Fire Ins. Co. of Pittsburgh, Pa., 21 Civ. 6050, ruling that a liability insurer could not deny defense coverage to an additional insured based on extrinsic evidence that was “bound up with the merits of the underlying case” against the insured.
The Plaintiff in 622 Third Ave., a property owner, was sued by an employee of a subcontractor who was allegedly injured while working on a project at the Plaintiff’s building. Plaintiff sought coverage as an additional insured under its ...
On September 22, 2022, the Second Circuit issued a decision in Fireman’s Fund Ins. Co. v. OneBeacon Ins. Co., Case No. 20-4282, ruling than an insured’s below limits settlement with an excess insurer satisfied the exhaustion requirement of a higher-tier excess policy.
The insured, ASARCO, was a mining, smelting and refining company facing liability in the hundreds of millions for personally injury claims arising from alleged asbestos exposure. Its insurance program for the relevant period consisted of three excess policies issued by Fireman’s Fund: the first covered $20 ...
Search Blog
Recent Posts
- Ohio Supreme Court Rules Computer Software Cannot Be Subject To “Physical Loss” Or “Physical Damage” Under Insured’s Property Insurance Policy
- Criminal Acts Exclusion Bars Coverage Even Though Insured Not Charged With, or Convicted of, a Crime
- Insurer Not Permitted to Recoup Defense Costs Absent Express Reservation of the Right to Do So
- Liability Insurer May Not Deny Defense Coverage Based On Extrinsic Evidence “Bound Up With the Merits of the Underlying Case”
- Second Circuit Rules That Lower-Tier Excess Policies Were Exhausted by Below-Limits Settlement with Insured
- Does Contra Proferentem Apply to the “Sophisticated Insured”?
- Sexual Misconduct Exclusion Bars Coverage for Negligence Supervision Claim
- Delaware Supreme Court Rejects “Fundamentally Identical” Standard for Interpreting Related Claims Provision
- New York Court of Appeals Rules That Disgorgement Payment to SEC Did Not Constitute an Uninsured Penalty
- “Intentional Nonperformance” of Contractual Obligations Does Not Trigger Policy’s “Willful Acts”
Popular Categories
- Insurance Coverage
- Policy Exclusions
- Duty to Defend
- CGL Policies
- Cyber Coverage
- Additional Insured Endorsement
- D&O Policies
- Business Interruption Coverage
- Construction
- Bad Faith Claims Handling
- COVID-19
- Occurrence/Accident
- Indemnification and Advancement
- Damages
- Excess Insurance
- Rules of Interpretation
- Related Claims
- Duty to Cooperate
- Advertising Injury
- Covered Loss
- Personal and Advertising Injury
- Insurance Brokers
- Confict of Laws
- Discovery/Disclosure
- Appraisal
- Attorney Fees
- Assignment of Claims
- Disability discrimination
- Implied Covenant of Good Faith and Fair Dealing
- Notice
- Privilege/Work Product
- Priority of Coverage
- Intellectual Property
- Contracts
- E&O Policies
- Professional Malpractice
- Rescission
- Intervention/Joinder
- Subrogation
- Settlements
- General Business Law
- Unfair Claims Settlement Practices
Archives
- March 2023
- January 2023
- December 2022
- September 2022
- May 2022
- April 2022
- March 2022
- November 2021
- June 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018