As an update to our March 8, 2022 blog post discussing coverage for phishing scams in the context of Ernst & Haas Mgt. Co. v. Hiscox, Inc., 23 F.4th 1195 (9th Cir. 2022), a new Alaska case relied on Ernst & Haas to find coverage under a similar set of facts. See City of Unalaska v. Natl. Union Fire Ins.…

A version of this article was originally published in Law360.
Fortuity is the hallmark of liability insurance, incorporated into insurance policies through the definition of “occurrence.” California law adds an additional layer of complexity to the typical occurrence requirement in Section 533 of the California Insurance Code, which prohibits coverage for an insured’s wilful acts. Recently, California courts had the…

Tommy, Bon Jovi fans know, is in trouble. From the opening lines of the song, “Livin’ on a Prayer,” we learn that things are so bad that Tommy’s got his six-string in hock.
The song implies that Tommy is in straits because the union’s been on strike. But it’s a little-known fact that Tommy is also down on his luck…

As an update to our blog post on June 2, 2021, the Ninth Circuit recently affirmed an Oregon court’s ruling that a venue clause in a Chinese liability policy required that a coverage dispute between an additional insured and Zurich will have to be litigated in China.
In this case, JPaulJones (JPJ) contracted with a Chinese firm to manufacture products…

Cyber incidents are increasing in frequency and severity across all businesses and industries. As the saying goes, it’s not a matter of IF but WHEN an incident will occur. In this webinar we will explore ways that you can manage the impact by properly preparing for and responding to a cyber-incident, including the role of insurance coverage (cyber- and otherwise)…

Construction contracts at all tiers usually include terms requiring certain types of insurance, and often contain related provisions about indemnity. This “boilerplate” can be important if a job goes south, so here’s a short explanation of some of the key terms and how they relate to one another:
Builder’s risk insurance: This is insurance purchased by the owner or general…

Every contractor and subcontractor is required to carry liability insurance referred to as Commercial General Liability or “CGL” coverage. These policies are fairly standardized and most people assume that the coverage that is presented on the front declarations page is all that they need to know: the policy’s coverage limits, time period, and deductible. But increasingly insurance companies are adding…