Insurance Coverage Notes and Developments
Posts by Lewis K. Loss
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Recent Posts
- Pennsylvania Court Estops Insurer From Asserting Coverage Defense That Was Not Identified in Its Reservation of Rights Letter
- Not All Violation of Statutes Exclusions Are Created Equal
- Still Only Eight Corners?: The Texas Supreme Court Decides Richards v. State Farm
- Headline: "SXSW Disaster: Event Admits It Has No Insurance for Coronavirus Cancellation"
- Maryland Court Orders Insurance Company to Pay Ransomware Damages Under Businessowner’s Policy
- Policyholder Win Under Crime Policy for Social Engineering Scam
- Assault on the Citadel? The Texas Supreme Court Agrees to Reconsider the “Eight Corners Rule”
- Ain’t Going to Study War Exclusions No More... Or Are We? Universal Cable Productions LLC v. Atlantic Specialty Ins. Co. (9th Cir., July 12 2019)
- Federal Court Rejects Effort to Skirt a Policy’s Claims-Made-and-Reported Requirement
- A Word to the Wise About Concurrent Causation
Showing 2 posts by Lewis K. Loss.
Federal Court Rejects Effort to Skirt a Policy’s Claims-Made-and-Reported Requirement
While courts on some issues may seem bent on finding coverage, there are some notable exceptions. Courts generally have faithfully applied claims-made-and-reported provisions even when an insured has had continuous coverage. An Arkansas federal district court recently did just that when it concluded that a school district failed to give its insurer timely notice of a claim under consecutive claims-made-and-reported policies. Read More ›
All Stop: Ruling on the Applicability of Exclusion to BIPA Claims Delayed
The fallout from the Illinois Supreme Court’s January 25, 2019, opinion in Rosenbach v. Six Flags Entertainment Corp., 19 IL 12316, continues. Rosenbach settled the dispute of who qualifies as an “aggrieved person” under the Illinois Biometric Information Privacy Act (“BIPA”), and in doing so opened the floodgates for this litigation to proliferate. The immediate result was a sharp increase in the filing of BIPA class actions as well as the lifting of stays of the numerous cases pending that were awaiting the Rosenbach ruling. Read More ›