Sometimes Reading the Policy Is Not Enough

Feb 11, 2015 By: John K. DiMugno

A recent California appellate decision shows that sometimes adjusters must pay as much attention to statues mandating the content of an insurance policy as to the unambiguous language of the policy in adjusting claims.

Coverage for an automobile’s “use” is broader than many realize

Dec 1, 2014 By: John K. DiMugno

The Ninth Circuit’s recent decision shows that the scope of use in an auto insurance policy is much broader than many policyholders — or their attorneys — realize.

Vicarious Liability of Health Insurers for Medical Negligence

Nov 25, 2014 By: John K. DiMugno

The control MCOs exercise over the physician-patient relationship may create situations in which an MCO may be vicariously liable for negligence of their networks’ health care providers

New Guidance on Insurance Coverage for Product Disparagement Claims: Part II

Nov 21, 2014 By: John K. DiMugno

My last post discussed the California Supreme Court’s recent decision in Hartford Casualty Insurance Co. v. Swift Distribution, Inc., 59 Cal.4th 277,

New Guidance on Insurance Coverage for Product Disparagement Claims: Part I

Nov 20, 2014 By: John K. DiMugno

Although specialty policies designed to cover intellectual property claims are available, they are cost-prohibitive for many businesses

Guidance on Insurance Coverage for Cyber Attacks: Specialty Coverage

Mar 6, 2014 By: John K. DiMugno

The diversity of judicial opinion discussed in my recent posts on insurance coverage for cyber attacks, and the introduction of new exclusionary

Guidance on Insurance Coverage for Cyber Attacks: First-party coverages

Feb 27, 2014 By: John K. DiMugno

Policyholders may also seek coverage under their commercial property insurance for property damage and loss of income resulting from malicious code or a data breach

Guidance on Insurance Coverage for Cyber Attacks: CGL Property Damage Claims

Feb 20, 2014 By: John K. DiMugno

A standard form CGL policy’s “Coverage A” obligates the insurer to defend and indemnify against liability for “bodily injury” or “property damage”

Guidance on Insurance Coverage for Cyber Attacks: “Advertising and Personal Injury”

Feb 13, 2014 By: John K. DiMugno

Following a cyber attack, insureds look primarily to their policy’s coverage for “advertising and personal injuries,” known as “Coverage B” in their

Guidance on Insurance Coverage for Cyber Attacks

Feb 6, 2014 By: John K. DiMugno

While specialty cyber risk insurance policies are now available, most organizations that have been victimized by computer data breaches have sought insurance coverage for these costs under standard property and CGL policies

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