The Northwest Policyholder
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Allocation-Process Information Shielded by Mediation Privilege, not Available to Insurer: Wash. Fed. Court
In a decision with important implications for "long-tail" environmental contamination coverage claims in the Northwest, a federal court in Washington state has held that information from a confidential "allocation" proceeding in a Superfund site does...
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Will Your Cyber Insurance Cover GDPR Fines & Penalties?
The GDPR, the European Union's Global Data Protection Regulation (GDPR), took effect on May 25. As my colleagues have written, the regulations apply to many US companies that hold data on EU customers, vendors, or employees. Businesses are sti...
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Insurance Coverage & the Cannabis Industry
Properly insuring cannabis businesses, and companies that are involved in the industry but that are not themselves regulated under state cannabis law, can be a tricky undertaking. I recently wrote an article for the Oregon State Bar Cannabis Law Se...
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Oregon Court: “Sudden & Accidental” Exception to Pollution Exclusion Judged from Policyholder's Perspective
One of the most critical issues in litigation over coverage for long-tail environmental liabilities is the application of the "qualified pollution exclusion" and in particular the carve-out for pollution that is "sudden and accidental." A new decisio...
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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!...
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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 damag...
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