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The Road to Insurance Recovery

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The Road to Insurance Recovery

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On May 7, 2021, a cyber-attack shut down Colonial Pipeline, the largest fuel pipeline network in the United States, for multiple days. The hackers requested nearly $5 million in ransom after the attack.

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When facing a lawsuit, most policyholders would understandably rather use familiar, trusted defense counsel instead of attorneys chosen by their insurer.

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The ongoing pandemic resulting from the coronavirus or COVID-19, has had a dramatic effect on healthcare providers, including long-term care facilities, resulting in significant financial losses and liability claims. Contrary to what insurers and many brokers may tell you, these COVID-19-related losses and liability exposures may be covered under standard property and casualty and liability insurance policies.

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Mass protests have erupted across the United States – from Los Angeles to New York. Though many of these protests are peaceful and benign, some have led to significant property loss by arson and vandalism, as well as theft, in addition to business interruption damages due to necessary closure of impacted stores and offices. Businesses of all sizes are left wondering whether and how they can recover from these events. First on the list should be to review all potential insurance coverage and promptly submit claims to relevant insurance carriers.

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Lathrop GPM Insurance Recovery attorneys are busy advising clients on insurance coverage issues in the wake of the COVID-19 pandemic. We’ve also been tapped to share insights with various media outlets on the topic. Below please find a sampling of articles and media clips since the last time a listing was shared on our March 25, 2020 blog post:

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Lathrop GPM Insurance Recovery attorneys are busy advising clients on insurance coverage issues in the wake of the COVID-19 pandemic. We’ve also been tapped to share insights with various media outlets on the topic. Below please find a sampling of articles and media clips:

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The coronavirus or COVID-19 global outbreak has struck fear in the hearts of many of us. As the disease spreads, however, it brings with it not only health concerns, but also serious financial consequences for commercial enterprise. And with any potential loss of business comes the inevitable question: Will my insurance cover this?

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Posted in Policyholder

Corporate officers and directors should be able to lead confidently and sleep at night without worrying that their personal assets may be at risk because of personal liability. D&O insurance provides such “sleep at night” coverage for claims alleging breach of their duties.  However, there are a few key issues to consider when purchasing a D&O policy that can maximize coverage.

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Posted in Policyholder

The Midwest is experiencing record-breaking flooding this year, bringing back memories of the devastating and costly floods of 1993.  Without a doubt, business losses and business interruption claims will be substantial.  This post explores when an insured might have coverage for business interruption even if it does not incur significant flood-damage to its own property.  As with any coverage claim, the merits will depend on the specific language in the policy and the specific circumstances of the claimed loss.  But, here’s a rundown of some common policy provisions and issues to keep in mind.

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In an Opinion dated May 29, 2019, the U.S. Court of Appeals, Fifth Circuit, ruled in Travelers Indemnity Co. v. Ethel Mitchell that multiple insurers must provide coverage to a defendant county and its officials sued in a §1983 wrongful imprisonment lawsuit, including certain insurers who issued policies in post-conviction years.

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The CDC estimates that 1 in 6 Americans get sick from contaminated foods or beverage each year, and that 3,000 people die, resulting in total food-borne illness costs of more than $15.6 billion dollars each year. Those numbers are not surprising when food recalls seem to be an almost weekly occurrence, with salmonella-tainted foods prominently featured in multiple large-scale outbreaks in 2018. Although food contamination seems to be on the rise, experts suggest that frequency is up – not due to an actual increase in outbreaks – but, instead because we are better equipped to ...

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Excess insurance plays a vital role in mitigating the risk of large losses, but excess insurers often contend they have no obligations and are entitled to sit on the sidelines of a lawsuit against their policyholder until underlying insurers have fully paid their limits.  This position harms policyholders, particularly when settlement of a lawsuit requires contribution from these excess insurers.

While courts universally acknowledge the value of pre-trial resolution and settlement, some jurisdictions have discouraged settlement of large losses by holding that excess ...

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Posted in Policyholder

UPDATE on May 23, 2018: Yesterday, ALI voted to approve these rules and many more contained in a 488-page document containing guidelines intended to aid courts in resolving coverage complex disputes. It remains to be seen how and whether courts across the country actually follow these guidelines. Lathrop Gage will be following the effect of this project on the law over the next several years and will keep you updated.

The American Law Institute (ALI) is voting tomorrow on new guidelines that may affect the complex rules adopted and applied by courts in insurance coverage disputes.  Here ...

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About this Blog

Lathrop GPM is one of the largest law firms in the United States representing policyholders, providing policyholders with the necessary guidance and legal counsel to handle everything from negotiating coverage and managing risk to litigating insurance disputes and recovery. The Road to Insurance Recovery blog is dedicated to helping readers better understand and manage the complexities of the modern business insurance policy.
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