Natasha Romagnoli, Steven J. Roman, Anna K. Milunas, and Amit Roitman ● New York’s Child Victims Act (“CVA”), which opened a one-year revival window extending the statute of limitations for claims of childhood sexual abuse, had a substantial impact on the state’s businesses and other institutions. The impact of New York’s Adult Survivors Act (“ASA”), signed into
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Policyholders Should Prepare Now to Demand Coverage for New York Adult Survivors Act Claims (Part 1)
Natasha Romagnoli, Steven J. Roman, Anna K. Milunas, and Amit Roitman ● New York’s Child Victims Act (“CVA”), which opened a one-year revival window extending the statute of limitations for claims of childhood sexual abuse, had a substantial impact on the state’s businesses and other institutions. The impact of New York’s Adult Survivors Act (“ASA”), signed into…
Business Insurance: Perspectives: ‘Causation’ Key in Hurricane Ian Coverage Disputes
Business Insurance, September 29, 2022 Jared Zola and Kyle P. Brinkman ● Hurricane Ian and its aftermath are wreaking havoc in the Caribbean and Florida. While the situation is developing rapidly, Ian has moved through Florida after initially making U.S. landfall as one of southwest Florida’s most intense hurricanes in history. It produced catastrophic storm surge…
The War Exclusion and State-Sponsored Cyberattacks: The Battle Is Won but Is the War Over?
James S. Carter Sovereign nation states have been behind (or suspected of being behind) some of the worst cyberattacks. When a cyberattack has state involvement, the inevitable question is whether it constitutes an act of war. The answer can have a profound impact on insurance coverage because virtually every insurance policy has a war exclusion.…
Resources for Hurricane Ida
Alan Rubin , John E. Heintz, and Jared Zola In the aftermath of Hurricane Ida’s historic landfall on the Gulf Coast, and the subsequent destruction in several states in the south and along the Eastern seaboard, damage to life and property is still being assessed. Hundreds of thousands of Louisiana residents are still without power, hampering…
DEI Claims in Higher Education: Why Control over the Claims Resolution Process Matters and What Universities Need to Know to Maximize Their Influence over the Outcome
Natasha Romagnoli and Anna K. Milunas When more than just university dollars are at stake, understanding and maximizing control over the claims resolution process in advance is essential for higher education policyholders. Diversity, equity, and inclusion (“DEI”) have always been controversial topics at colleges and universities, but the last several years have seen DEI debates amplified to…
Eyes Wide Open: The Quest for Arbitrator Impartiality in the Wake of Halliburton
Robert P. Jacobs On November 27, 2020, the day after Thanksgiving was celebrated in the United States, the United Kingdom Supreme Court issued a long-awaited decision in Halliburton Company v. Chubb Bermuda Insurance Ltd., a decision that has been characterized as bringing clarity to an arbitrator’s duty of disclosure where the arbitrator has received multiple…
What’s Next with D&O and COVID-19 Coverage?
Allison Zamani The principal focus in considering insurance coverage for COVID-19-related losses and liabilities has, thus far, primarily concerned business interruption coverage. But there are many other types of coverage that could come into play as businesses recover. Among the various other types of insurance coverage that could be implicated is Directors & Officers (“D&O”)…
Under Pressure to Diversify: Availability of D&O Coverage for Corporate Diversity Claims
Natasha Romagnoli and Hannah K. Ahn With the recent rise in novel diversity lawsuits, which have targeted some of the leading companies across the country, and are sure to be a hot topic of litigation this year and beyond, policyholders are highly encouraged to review their existing directors and officers (“D&O”) insurance policies to ensure that…
Winter Storm Resources
Alan Rubin, Linda Kornfeld, and John E. Heintz In the wake of two major winter storms and continuing frigid temperatures across much of the Lower 48, states of emergency have been declared for Texas, Oklahoma, and Louisiana, and state governments across the southeast United States are operating under their own emergency declarations. These events are forcing…