Indiana Supreme Court Rules that Insured May be Entitled to Insurance Coverage for Loss from Ransomware Attack

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 of increased crime. Victims of a ransomware attack may... Read more →


Connecticut Restaurant’s Business Interruption Insurance Claim Arising from Governor Lamont’s COVID-19 Executive Order Barred by Virus Exclusion

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 Shea dismissed a proposed class action complaint filed in LJ New Haven LLC d/b/a... Read more →


CONNECTICUT SUPREME COURT AFFIRMS INSURER’S BROAD DUTY TO DEFEND UNDER DOCTRINE OF LEGAL UNCERTAINTY

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 alleges a claim which is covered under the... Read more →


Massachusetts Proposes Legislation to Require Insurers to Pay Business Interruption and Loss of Use Losses Arising from the COVID-19 Virus

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 business interruption losses arising from the COVID-19 virus. The... Read more →


Maximizing Insurance Recovery for Losses from the Coronavirus/COVID-19 Pandemic

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 imposed by governmental authorities. It is also inevitable that there... Read more →


Connecticut Supreme Court Addresses Narrow Definition of “Collapse” Under Property Policy

In a companion case to the Karas v. Liberty Insurance Corporation case discussed in a previous entry, the Connecticut Supreme Court addressed the issue of collapse coverage under a property insurance policy which provided coverage when a building collapses and which narrowly defined the term “collapse” to mean “an abrupt... Read more →


Connecticut Supreme Court Addresses Collapse Coverage for Losses Arising From Defective Concrete

The Connecticut Supreme Court recently issued decisions in three cases resolving insurance coverage issues concerning the extent of coverage available for collapse of a building under property damage policies. As reported in previous entries, hundreds of homeowners in northeastern Connecticut suffered damage to their homes due to defective concrete supplied... Read more →


Second Circuit Court of Appeals: Connecticut Homeowners Insurance Policy Does Not Afford Coverage for Crumbling Concrete Basement Walls

In a previous entry, I referenced the many lawsuits filed by Connecticut homeowners involving crumbling concrete basement walls, in which homeowners seek coverage under their homeowner insurance policies for damage caused by deteriorating basement walls arising from hidden decay believed to be caused by defective concrete. On April 2, 2019,... Read more →


Connecticut Supreme Court to Address Trigger of Insurance Coverage and Pollution and Occupational Disease Exclusions in Asbestos Litigation

On March 28, 2019, the Connecticut Supreme Court will entertain oral argument in the case of R.T. Vanderbilt Company, Inc. v. Hartford Accident and Indemnity Company, in which the Court will address significant insurance coverage issues that often arise in asbestos litigation and other cases involving progressive injuries which expand... Read more →


Issue of What Constitutes a “Collapse” Sent to Connecticut Supreme Court

There are more than fifty insurance cases pending in Connecticut courts against insurance companies arising from the denial of insurance claims under homeowner property policies for damage to homes due to defective concrete used in construction of the homes dating back to the late 1980s. The property damage claims arise... Read more →