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22 Mar 2017 Beyond the Basics: 10 Common Hurdles to Securing Coverage for Long-Tail Liabilities, Part 2

  This is the second part of a two-part article that explores 10 common issues that arise in pursuing coverage for long-tail liabilities. The first part, covering issues 1 through 5, can be found here. Today, we tackle issues 6 through 10.   6. The “Known Loss” Doctrine. The basic premise of insurance is that it protects against the risk that a policyholder may suffer an unknown loss in the future; it does not protect against losses the policyholder already knows about before purchasing the policy. The classic illustration is that you cannot purchase fire insurance for a building the day after it burns to the ground. (Of course, there are exceptions to every rule, with the most famous being the fact that owners of…

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21 Mar 2017 Beyond the Basics: 10 Common Hurdles to Securing Coverage for Long-Tail Liabilities, Part 1

  For companies pursuing insurance coverage for latent, slow-developing injuries such as toxic exposures or environmental contamination, the fundamental, big-picture questions are the same from case to case: Does a long-tail injury trigger historical general liability coverage? Do any exclusions preclude coverage? What conditions must the policyholder fulfill to secure coverage? These questions are likely to be top-of-mind for a company faced with toxic tort or environmental liabilities. However, long-tail insurance claims can raise a host of other issues that may trip up an unwary policyholder.   This two-part blog post explores 10 common hurdles to clear in securing coverage for long-tail liabilities. Today, we cover issues 1 through 5. Check in again tomorrow, when we will cover issues 6 through 10.   1. Choice…

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09 Jan 2015 2014 Year in Review: A National Insurance Recovery Webinar

Mark your calendar and join us for a national insurance recovery webinar on Tuesday, Jan. 27 at 3 p.m. (Eastern). The Barnes & Thornburg insurance recovery attorneys will review 2014’s major legal developments and trends in insurance coverage and recovery. You will learn more about how the events of the past year affected:   Directors and Officers (D&O) coverage Excess umbrella liability coverage Coverage for business torts and consumer false advertising claims Coverage for environmental contamination claims Cyber liability and data breach   BARNES & THORNBURG SPEAKERS             Charlie Denton   Bob Devetski   Charlie Edwards   Scott Godes            Ken Gorenberg   Chris Lynch   David Schack You won’t want to miss this lively discussion of…