Features

Evaluating Personal Injury Claims and Insurance Policies Covering Live Events
The rise in demand for in-person events post-pandemic has meant a corresponding increase in personal injury actions against venues. Consequently, venue-owner and operator clients would be wise to regularly evaluate their insurance policies (particularly general liability insurance policies) to ensure adequate coverage.
Features

Commercial Property Insurance: How Much Coverage Do You Really Have?
While in many cases involving a substantial property loss the applicable insurance policy limit is clear, in some cases it is not, and the amount to which the policyholder is entitled is governed by a confluence of policy provisions informed by applicable state law.
Features

Approving Attorney Opinion Letters In Lieu of Title Insurance Is Trending, But Use With Caution
Despite being more affordable than title insurance, attorney opinion letters should be used with caution when replacing title insurance. The costs savings associated with this practice might not justify the additional risk associated with it.
Features

NY High Court Sides With Other State Courts: COVID-19 Business Interruption Not Enough to State Claim Under Commercial Property Insurance
Many businesses have sought to recover their pandemic losses under commercial property insurance policies, only to be denied coverage. A significant number of policyholders have filed lawsuits challenging these disclaimers, primarily in state courts. But to the dismay of the insureds, a growing majority of high state courts have sided with the insurers in these disputes.
Features

Insurance Issues In AI-Related Risks
Most entertainment industry organizations have by now heard the warning bells of risks that come with the use of artificial intelligence technology, from data privacy and cybersecurity threats to potential copyright infringement and discrimination claims. In face of the recent spike in AI-related litigation, such risks could soon prove costly, leaving one last barrier of defense for entertainment companies that use AI: insurance.
Features

New NJ Statute Requires Notices of Flood-Prone Areas In Commercial Real Estate Transactions
On July 3, 2023, the New Jersey Legislature enacted a statute requiring sellers and landlords of commercial and residential property to provide notices of flood-prone areas to purchasers and tenants before the transaction becomes binding.
Features

Navigating the Risks and Opportunities of ChatGPT
The Implications of Data Breaches and Generative AI Platforms for the Legal Industry The pros and cons that law firms should consider before incorporating generative AI.
Features

Cyber Insurance Costs Are on the Rise, But Law Firms Can't Afford to Forgo It
While law firms are feeling first-hand the impact of a cyber insurance market struggling to stabilize, the full extent of all the changes have yet to fully hit home.
Features

Courts Strictly Construing Cyber Insurance Policies, Finding Coverage Is Narrow
In several recent cases, companies with cyber insurance discovered that provisions in these policies led their insurers to limit coverage. Courts have been strictly construing cyber policies, and have found that the coverage provided is narrow. These decisions hinged upon whether an event constituted a covered "direct" loss and whether intervening actions precluded coverage, like an employee responding to fraudulent communications.
Features

The Meaning of the 'War Exclusion Clauses' In Cyberinsurance
The Eastern European conflict is already adding stress to already strained domestic relationships in the U.S. — between businesses and cyber insurance companies. As businesses face more cyberthreats than ever before, many are seeing higher premiums. Meanwhile, insurance companies are looking for ways to skirt coverage obligations that end up proving far too expensive
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