General Liability

Expert Analysis

• Reinsurers Must Prepare For Coronavirus-Related Claims

  

  Given the tremendous volume of insurance claims expected as a result of COVID-19 and the possibility that these claims will lead to reinsurance cessions, reinsurers should promptly review their assumed portfolios to determine their potential exposure, say Scott Seaman and Edward Lenci at Hinshaw & Culbertson.

• Does COVID-19 Fall Under Insurers' Pollution Exclusions?

  

  Despite inconsistent rulings from state and federal courts, an analysis of bacterial and viral contamination cases provides insight on whether COVID-19 is the type of environmental harm expected to fall within insurance policies' pollution provisions, says Elise Allen at BatesCarey.

• Should States Force Property Insurers To Cover Virus Losses?

  

  A proposed New Jersey bill requiring some commercial property insurance policies to construe the coronavirus pandemic as a covered cause of loss would likely survive a contract clause challenge, but this type of law could set a dangerous precedent, say Linda Hsu and Savannah Montanez at Selman Breitman.

• Don't Assume 'Physical Loss' Language Bars Virus Coverage

  

  A recent Law360 guest article mistakenly assumes that many standard insurance policies will not cover COVID-19 business interruptions without a specialized endorsement, when in actuality courts will not automatically deny such claims because of a physical damage requirement, says Stacy Tucker at Kantor & Kantor.

• 8 Possible Paths To Insurance Coverage For COVID-19 Losses

  

  At least some insurance policies are almost certain to apply to coronavirus-related losses, and a few hypothetical situations explain how, say attorneys at Covington.

• Future Battles Foreshadowed In First COVID-19 Insurance Suit

  

  The first insurance lawsuit on record for coronavirus coverage — Oceana Grill v. Certain Underwriters at Lloyd's, filed in Louisiana state court — highlights key questions that will be echoed across the country and underscores the importance of acting now to preserve claims, says Tae Andrews at Miller Friel.

• NJ Cos. May Have Insurance Coverage For COVID-19 Losses

  

  Two New Jersey cases from 2009 and 2014 indicate that the physical injury requirement under property insurance policies may be interpreted broadly enough to apply to losses resulting from the coronavirus crisis, say Robert Chesler and Nicholas Insua at Anderson Kill.

• Risk Mitigation Tools For Cos. Facing Coronavirus Losses

  

  As the coronavirus outbreak continues to spread, companies anticipating business interruptions can look to insurance policies and alternatives like force majeure clauses to offset potential losses, say attorneys at Haynes and Boone.

• NY Sex Abuse Insurance Suit Showcases Possible Arguments

  

  Continental Insurance's complaint against the Diocese of Buffalo in a New York state court raises almost every possible defense an insurer may have against providing coverage to a policyholder accused of sex abuse under the New York Child Victims Act, say Robert Chesler and Pamela Hans of Anderson Kill.

• How Courts And Litigants Can Benefit From Special Masters

  

  As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

• Using Missing Facts As A Defense In NYC Asbestos Suits

  

  Recent cases from the New York City Asbestos Litigation illustrate that defendants can prevail by arguing that the evidentiary record cannot support an inference of a plaintiff's exposure to asbestos, says James Lee of Hawkins Parnell.

• Ill. Insurance Coverage Cases From 2019 Settle Key Questions

  

  A number of significant insurance decisions in Illinois this year — including a state Supreme Court case that reestablished certainty for malicious prosecution coverage — should have a lasting effect on Illinois coverage jurisprudence, say Jonathan Schwartz and Timothy Loftus of Goldberg Segalla.

• Private Equity Wants To Buy Your Asbestos Liabilities

  

  BorgWarner's deal to sell off its asbestos liabilities this week confirms that such sales are a viable corporate strategy that can be less expensive than, and offer disclosure advantages over, prepackaged bankruptcy and loss portfolio insurance. But they still come with a cost, and can raise trust and security issues, says Stephen Hoke of Hoke LLC.