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Appraisal provisions are included in commercial and personal property insurance policies as a means of resolving disputes between an insured and an insurance company over the amount of a covered loss. Appraisal proceedings are similar to an arbitration proceeding, in...
The Seventh Circuit Court of Appeals recently affirmed an insurance company’s denial of a claim for coverage under a directors and officers liability insurance policy when the company and officers did not notify the insurance carrier of an earlier claim against the...
Most liability insurance policies include a provision that requires the insurance company to defend the insured – that is, hire an attorney to represent the insured and pay the insured’s legal fees and expenses incurred in defense -- when a lawsuit filed against the...
When an insured suffers property damage or a business interruption loss for which they seek insurance benefits, most property insurance policies include provisions governing how the loss is to be resolved. Property policies generally include an appraisal provision...
Property policies indemnify an insured for damage to covered property. They generally indemnify the insured for damaged property based on an actual cash value basis or replacement cost basis. Most property policies provide for indemnity based on...
A recent report from the FBI’s 2020 Internet Crime Report shows that complaints of internet crime rose nearly 70% in 2020 as compared to 2109, with reported losses exceeding $4.2 billion. Cyber extortion and ransomware attacks were among the leading incidents...
A Connecticut federal judge issued the first decision barring a Connecticut policyholder from recovering business income losses under a property insurance policy arising from a government-ordered shutdown of its restaurant due to the coronavirus. Judge Michael...
Most liability insurance policies include a provision that requires the insurance company to defend the insured in a legal proceeding, that is hire an attorney to represent the insured and pay the insured's legal expenses in defending the lawsuit, when the lawsuit...
A bill was introduced in the Massachusetts legislature on March 24, 2020 that, if passed, will require property insurers which issue insurance policies in Massachusetts insuring against loss of use or occupancy of property or business interruption losses to pay for...
The coronavirus pandemic has had a significant financial impact on businesses in each industry that is likely to continue for an uncertain period of time. Many businesses have closed or limited their operations due to the virus, including restricted operations...
Welcome to Coverage Insights, a blog focused on insurance law, authored by O’Sullivan McCormack Jensen & Bliss PC trial attorney Michael McCormack. Michael has been representing clients in insurance coverage disputes and insurance recovery litigation, as well as providing insurance coverage and risk management counseling to clients for more than twenty-five years.
