The Road to Insurance Recovery

In today’s digital age, practically anything can be accessed online or remotely –even private and confidential information. So, unsurprisingly, various institutions that receive, maintain, and store substantial amounts of financial or personally identifiable information have suffered a record number of cyber-attacks in recent years, and America’s judicial system is no exception.

Sexual misconduct, abuse, and harassment claims have become exceedingly common in public and private institutions alike. These claims affect any business or organization that employs adults, or is responsible for the safety of children, like churches and schools.

Sarah Lintecum recently spoke at the Risk Management Society’s (“RIMS”) 2022 RISKWORLD conference with Lori Siwik of SandRun Risk about insurance coverage for PFAS liabilities. The following summarizes their presentation.

Last week’s GEICO decision drew national attention for its salacious facts – a Missouri woman secured a $5.2 million judgment for a sexually transmitted disease she caught while having unprotected sex in her boyfriend’s car, and GEICO, the boyfriend’s auto insurer, may ultimately be on the hook.

Unlike many other causes of loss, such as fire, lightening, or hail, which are typically self-evident, water damage—especially when hidden under the surface of the ground—may not be immediately evident and may require more analysis as to the cause (which can drastically effect insurance coverage).

A member of our Insurance Recovery & Counseling team, Counsel Robyn Anderson, has been out there spreading the word on supply chain disruption and potential coverage losses by business interruption insurance since October.

AIG Private Client Group—a division of American International Group Inc. that specializes in insurance products for high-net-worth individuals—recently announced that it has begun the process to cease offering certain lines of admitted insurance solutions in California consistent with applicable law.

As a general rule, law enforcement liability insurance policies cover wrongful acts and/or injuries that result from law enforcement misconduct. However, the typical policy may include exclusions for claims of excessive force. This provision is generally referred to as the “intentional or expected acts exclusion” or “intentional injury exclusion.”

Now that 44 states have permitted the use of cannabis to some extent, Congress is taking action to overcome some of the obstacles mentioned in previous post, "Five Insurance Considerations for Cannabis-Related Businesses". Bills have been introduced in Congress which, if passed, would have a substantial favorable impact on the cannabis industry.

Even though the cannabis industry has grown rapidly since many states have authorized the sale and use of cannabis to some extent, traditional insurers have been less willing to enter the industry because marijuana remains illegal under federal law as a Schedule 1 drug.