February 22, 2021

Winter Storms Projected to Be Largest Insured Loss in Texas History—Secure Your Safety and Property and Preserve Your Insurance Rights

The subzero temperatures and winter storms that swept through Texas and surrounding states this past week have left millions without power and/or water, subject to rolling blackouts, fighting frozen and/or bursting pipes, with collapsed roofs, or forced business closures.  Once immediate health and safety is secured, individuals and companies alike will need to shift their […]

February 19, 2021

Opportunities for the Biden Administration to Reverse Failed Trump Policy on Cuba – Part 2

Over the years, Gilbert LLP has been involved in many facets of Cuban-American relations.  As a new presidential administration settles in, we have developed several recommendations for undoing President Trump’s isolationist policies and effectuating meaningful changes to U.S.-Cuban relations without Congressional involvement. In Part 1 of this two-part series, we offered proposals to improve family […]

October 23, 2020

North Carolina Court Holds That All Risk Policies Cover COVID-19 Business Income and Extra Expense Losses as a Matter of Law

On several occasions, my law partner Mark Packman and I have published articles discussing that initial COVID-19 insurance coverage decisions going the insurance industry’s way are not a silver bullet for insurers. We have explained that individual or consolidated claims should be assessed on their own merits because factors such as specific policy language, jurisdiction, […]

October 20, 2020

Bedrock Principles of Insurance Contract Interpretation May Aid Policyholders Seeking Coverage for Losses Due to COVID-19

Determining how an insurance policy applies to a situation not anticipated by the policy’s drafters often results in disputes between an insurer and a policyholder.  So, it’s no surprise that the COVID-19 pandemic, which is unprecedented in many respects, has led to numerous differences of opinion regarding the extent to which various types of insurance […]

July 20, 2020

Renewed Shutdowns/Restrictions Present Interesting Issues Regarding COVID-19 Business Interruption Claims

In recent weeks we have published multiple pieces on issues related to the calculation of damages under business interruption policies for losses associated with COVID-19 shutdowns/restrictions.  Unlike more conventional business interruption claims, such as losses associated with a hurricane, COVID-19 claims are likely to be more complicated regarding the end date for loss calculations, especially […]

July 15, 2020

Proposed Legislation Regarding Business Interruption Insurance for COVID-19 Claims

In recent writings, we’ve informed you about insurance legislation introduced in several states to deal with the coronavirus pandemic.  This legislation generally seeks to compel insurers to provide coverage for the business interruption insurance their policyholders purchased and forbids insurers from arguing that coverage is precluded by virus exclusions or by “physical damage” to property […]

June 03, 2020

Reasons for Communicating Clearly with Your Insurer Regarding the Scope of Coverage Before Purchasing Cyber Insurance

Purchasing cyber insurance is notoriously complex—standard form policies do not currently exist, many key terms setting the scope of coverage have not been analyzed by courts, and cyber risks are complicated and constantly evolving.  Given these complexities, prospective policyholders should consider, before purchasing a cyber policy, communicating their expectations for coverage in clear and specific […]

May 27, 2020

Legislation Enabling Policyholders to Obtain Insurance Coverage for Coronavirus Claims Is Constitutional (Part 2)

In Part One of this post, we discussed proposed legislation addressing the rights of policyholders to business interruption coverage for coronavirus claims and the insurance industry’s objection that this legislation would violate the Contracts Clause of the United States Constitution.  Below, we discuss the test for whether a state law violates the Contracts Clause, the […]

May 26, 2020

Legislation Enabling Policyholders to Obtain Insurance Coverage for Coronavirus Claims Is Constitutional (Part 1)

The Coronavirus Crisis On top of its human toll, the coronavirus pandemic has had massive economic effects.  Stay-at-home orders, which remain in place in much of the United States, have resulted in massive layoffs, spiraling claims for unemployment compensation, and unprecedented federal aid. Many businesses affected by the pandemic have turned to their insurers seeking […]

March 25, 2020

Non-Public Companies Should Not Forget D&O Insurance When Evaluating Coverage That May Respond To COVID-19-Related Losses

Though most initial COVID-19 insurance-related analysis is focusing on first-party insurance, companies should also review their third-party insurance coverage in response to this pandemic.  Non-public companies would be well-advised in this review not to overlook directors and officers (“D&O”) insurance, which often provides quite broad liability coverage to such companies.  Although D&O coverage for public […]

March 23, 2020

Businesses At Risk Of COVID-19-Related Lawsuits Should Consider Providing Notice of Circumstance Under Current Claims-Made Liability Policies

Health and safety are rightly everyone’s first priority as COVID-19’s unprecedented impact continues to grow each day.  But businesses should also start considering what future lawsuits they may face related to COVID-19 and how to protect their rights under third-party liability insurance policies intended to cover such lawsuits. One key issue every business should consider […]