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Insurance Coverage Can Help Businesses Impacted by Wildfires or Hurricanes

Many Northwest businesses are being impacted by the wildfires close to home, and also by the hurricanes that have or will hit Texas, Florida and other Gulf states. Can commercial insurance help to mitigate losses from these natural disasters? In many cases, yes. “All risk” property-insurance (fire) policies may provide coverage for property damage from … Continue Reading

Considering Cyber-Insurance After “WannaCry”? Here Are Things to Consider

Many businesses that previously resisted the urging of their insurance broker or (ahem) legal counsel to buy cyber-insurance are now re-thinking that strategy in the wake of the “WannaCry” ransom-ware attack that has been in the news.  The damage in the U.S. was apparently minimized by quick-thinking security specialists in the UK, but the attack … Continue Reading

Reducing Uninsurable Risks Part 1: Reputation—A Guest Post

Note: In the following guest post, Rob Fleming of the Clark Nuber consulting firm provides some guidance on how to manage one of the many “uninsurable” risks: reputational harm. We appreciate Rob’s willingness to contribute a guest post to our blog! – Seth Introduction Companies face complex risks each and every day. Not all of … Continue Reading

Oregon Employer Liability Ruling Highlights Importance of Additional Insured Status

Earlier this year the Oregon Supreme Court expanded the potential liability of contractors and others for injury to employees of others on a job site, making it more critical than ever for contractors to ensure that they have additional insured protection. In Yeatts v. Polygon Northwest, an employee of a framing subcontractor on a building project … Continue Reading

What’s in a Relationship? Part 1

Director & Officer Liability insurance (“D&O”) and professional liability insurance are written on a claims-made basis, and through either definitions or exclusions, treat claims that are related as one claim. Why does it matter if various claims made against an insured are related? There are several answers. Whether different claims are related could mean the … Continue Reading

Guest Feature: Apartment Owners’ Liability for Loss of Renters’ Personal Data [VIDEO]

In case you missed this last week, our friends at HFO Investment Real Estate have published an excellent video (posted here with permission) featuring an extensive interview with Vice Presidents Heidi Tapasa and Ted Stark of USI Insurance Services on the subject of cyber liability for apartment owners and managers. You can view the full interview below. Click here … Continue Reading

The Other Shoe Just Dropped: Cyber Insurer Sues in Oregon to Avoid First Party Benefits for Malware Event

Those who follow the fast-moving growth of cyber-insurance as a product have been waiting for the other shoe to drop: coverage litigation, particularly about the many loopholes and limitations in first-party coverage for data breaches and similar events.  One such shoe has now dropped, in the form of a federal-court complaint filed in Oregon, by Travelers, … Continue Reading

Confluence of “Cyber” Events Has Directors & Officers Concerned About Coverage

Three “cyber”-related events in the last month have made corporate directors and officers sit up and take notice when it comes to cyberbreaches and cybercoverage. First, the Third Circuit’s decision in Federal Trade Commission v. Wyndham Worldwide Corp., holding that the FTC has authority to sue companies that have experienced a data breach, under federal consumer protection laws.  The implications of … Continue Reading

Allianz Trial on Pollution Exclusion Issues Highlights Importance of Jury Instructions

One of the most common pollution exclusions in older general liability policies is the standard-form 1973 “qualified” pollution exclusion (often called the “1973 Exclusion”).[1] The 1973 Exclusion excludes pollution coverage unless the “occurrence” that caused the damage was “sudden and accidental.”  In Oregon, this exclusion will not apply if the pollution results from “discharges, dispersals, … Continue Reading

Absolute Pollution Exclusions Are Not Absolute

Insurance is a crucial source of funding for most environmental cleanups. For the past 30 years, comprehensive general liability insurance policies have uniformly included an “absolute pollution exclusion” in some form or another. The earliest such exclusions appeared in the 1950’s, but they became ubiquitous boilerplate in the mid-1980s. As a result, most applicable environmental … Continue Reading

Neiman Marcus Data Breach Decision Portends Greater Risk for NW Companies, Need for Cyber Coverage

Earlier this week the Seventh Circuit Court of Appeals, in Illinois, issued a momentous decision for those of us who keep tabs on data breach litigation nationwide.  The decision in Remijas v. Neiman Marcus reinstated class action claims by thousands of shoppers who had their credit card data stolen.  Reversing a trend in the case law driven by … Continue Reading

Lessons From CNA’s Suit to Avoid Covering a Hospital Cyber-Breach

A few weeks ago the insurance-coverage community experienced a watershed event: the first publicized lawsuit by an insurer for a declaration of “no coverage” under a cyber-insurance policy.  The case is Columbia Casualty Company v. Cottage Health Systems, filed in the Central District of California, and the issue is the insured’s compliance with a pledge … Continue Reading

Premera Data-Breach Class Action Claims Illustrate Cyber Coverage Issues

The massive data breach at Washington health insurer Premera Blue Cross Blue Shield has spawned at last count fifteen class action lawsuits in Washington alone and leastone suit in Oregon federal court.  The suits allege that over 11 million records were exposed in the hack, including not just personally identifiable information but also health treatment and … Continue Reading

Cert Grant in FCRA Case Could Impact Cyber Coverage

News today that the Supreme Court has granted certiorari in Spokeo v. Robins, which tests whether Congress can confer “standing” by giving consumers a private right of action under a federal law, and entitlement to statutory damages, even if the consumer cannot prove any concrete damages.  The Court will review a decision by the Ninth … Continue Reading

Why You Need More Than Just a Certificate of Insurance

It is common practice for entities such as owners, contractors and design professionals to contractually require another party to provide insurance. The most common method of providing information related to this requirement is through a certificate of insurance. A certificate is usually issued on a form copyrighted by an organization named ACORD (Association for Cooperative … Continue Reading

Did the Ore Sup Ct Abolish Common Law Indemnity for Defense Costs?

“Frequent-fliers” in the world of construction-defect litigation know that defense costs are often the biggest exposure, particularly for subcontractors.  That is why securing a paid-for defense from an insurance carrier is such a hot topic on this blog (and elsewhere).  And whether there is insurance to cover defense costs or not, defendants in complex disputes … Continue Reading

Oregon Trial Court Adopts “All-Sums” In Environmental Coverage Case

A great win last month for the Zidell real-estate group (owner of much land in the South Waterfront area of Portland, including a historic ship-repair yard) in the longest-running environmental contamination case in Oregon history: a Multnomah County judge held that Zidell’s carriers must pay for environmental remediation based on the “all sums” approach.  (Click here for … Continue Reading

Court of Appeals: Insured Cannot Place Extra-contractual Conditions on Compliance with Policy

When an insurance policy requires the insured to provide information to the insurer, may the insured demand that the insurer enter into a confidentiality agreement, even when the request from the insurer is reasonable?  Heck no, says the Oregon Court of Appeals in a new decision, Safeco v. Masood.  According to the decision, the policyholder … Continue Reading
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