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Two years ago, the New York Court of Appeals issued its seminal decision in Voss v. The Netherlands Insurance Company, 22 N.Y.3d 728 (N.Y. 2014), which put some teeth into the concept of a “special relationship” between an insurance broker and an insured. (While it has at times been said that a “broker” represents an insured and an “agent” represents an insurer, this article uses the terms “broker” and “agent” interchangeably.) The Voss court held that a broker could be subject to liability for negligence or other tort claims where such liability would be unattainable in the typical broker-insured relationship.
Cyber Security Challenges and Potential Uninsured Exposures
This article provides a broad overview of cyber security challenges, and the insurance coverage (or lack thereof) for the financial impact of those cyber security challenges.
Fourth Circuit Finds GCL Insurer Owed Duty to Defend Cyber-Related Claims
This two-part article constitutes an overall review of ACC clauses in first-party property policies and their application across the United States. Most courts have found ACC clauses to be enforceable, although a handful of states have held that insurers may not contractually opt out of the state's causation doctrines, i.e. , efficient proximate cause or concurrent causation. We conclude the article herein.
Editor's NoteDear Readers: It is with the deepest regret that we must inform you that this issue of The Insurance Coverage Law Bulletin will be the last.…
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