The cyber insurance industry has spent five years treating the ransom demand as the headline cost of a cyber claim. For a maturing book, the more corrosive cost is the one nobody underwrote: the variability of vendor spend.
The automatic stay that goes into effect when a bankruptcy petition is filed can be hard to process for someone who has been injured. The facts have not changed. The injury has not changed. But the path forward suddenly depends on a different court, applying a different set of priorities.
The combination of increasing operating costs and uncertain government reimbursement funding continues to place health care providers under financial pressure, and in many cases, financial distress. Given the importance of Medicare/Medicaid funding of claims under provider agreements with the federal government, how courts interpret and apply the interplay between the Bankruptcy Code and Medicare Program Act determines the disposition of hundreds of millions of dollars of claims for reimbursement that support the health care system.
The cyber insurance industry has long been dominated by conversations around security threats. Privacy concerns were often treated as an afterthought. But recently, there has been a critical shift: privacy risks that arise outside of traditional breaches are now front and center.
As insurance retreated from AI exposure, contracts began absorbing functions that insurance once performed. Indemnities compressed. In effect, contracts began underwriting elements of AI risk. This shift has significant consequences for lawyers drafting, negotiating and advising on AI-related agreements.
Commercial insurance policyholders require nuanced approaches to protect their assets both before and after suffering a loss due to catastrophic weather. With loss severity and increased frequency of catastrophic events being a stark reality, businesses must take a closer look at all the ways they can safeguard their rights.
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.
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.
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.
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.
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