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Recent Blog Posts

  • Maximizing Business Insurance Coverage Benefits After a Fire Unfortunately, we again write while wildfire is devouring homes and businesses in Napa and Sonoma, and threatening many more. We’ve previously posted tips about first steps that you should take in the event your business has suffered a fire loss. We want to provide this refresher, as prompt action is important to preserve your business’ rights under its insurance policies and to maximize its ultimate insurance recovery. If your business has sustained a fire loss, below are steps for you... More
  • “That Particular Part” – Yet More Massachusetts Appeals Court Gets It Right – Mostly Hot on the heels of the Federal Tenth Circuit Court of Appeals’ decision in MTI, Inc. v. Employers Insurance Company of Wausau, __ F.3d __, 2019 WL 321423 (10th Cir. 2019) (about which I wrote earlier this month), the Appeals Court of Massachusetts also found that the phrase “that particular part” as used in exclusions j(5) and j(6) in the CGL policy must be applied narrowly. In All America Ins. Co. v. Lampasona... More
  • The 10th Circuit Correctly Construes “That Particular Part” Narrowly We do not often write about coverage opinions from jurisdictions as far away as Oklahoma; however, a recent case from the Federal Tenth Circuit looked at one of our favorite topics and came out with a much better reasoned opinion than recent decisions from the Ninth Circuit. I’ve written before on the topic of the meaning of “that particular part” as the phrase is used in exclusions j(5) and j(6) of the Commercial General Liability (“CGL”) policy. The “j” exclusions exclude... More
  • Are You Covered for California’s New IoT Laws? In November, Tyler wrote about insurance issues raised by both the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act, which goes into effect on January 1, 2020. California’s governor Jerry Brown signed two other cyber-related laws in September, which will also go into effect on January 1, 2020 – Assembly Bill 1906 and Senate Bill 327, which address security concerns relating to devices that are capable of connecting to the internet – the so-called Internet... More
  • State Appeals Courts Rule on ‘That Particular Part’ Exclusions Insurance recovery partner Tyler Gerking and I have co-authored an article examining two recent cases from separate California state courts that we feel correctly interpret the phrase “that particular part” as it applies to certain CGL policy exclusions, and apply it in its intended narrow sense. The rulings in Pulte Home Corp. v. American Safety Indemn. Co. and Global Modular, Inc. v. Kadena Pacific, Inc. are good news for contractors and are in contrast to some recent decisions by federal... More
  • Steps and Resources to Recover Homeowner Insurance Benefits After a Fire: A Tip-Sheet for Homeowner / Small Business Insurance Claims Before worrying about an insurance claim, first ensure that you and your family, including pets and extended family, have their immediate needs met, particularly medical needs. When you are ready to begin the recovery process, we have outlined a few steps for you to take in working with your insurers to ensure that you receive the maximum benefits under any applicable policies. Step 1 – Locate Insurance Policies It is very important that you understand the coverages provided by your insurance policy,... More
  • Courts Misunderstand the Meaning of “That Particular Part” This is part one of a two-part series looking at how court decisions in recent years have thwarted general contractors’ reasonable expectation of coverage under their general liability policies. In early March, the Ninth Circuit Court of Appeals issued an unpublished opinion in Archer Western Contractors v. National Union, No. 15-55648 (filed Mar. 2 2017). The opinion held that the phrase “that particular part” as used in the “Damage to Property” exclusions in a CGL policy must be interpreted broadly to... More
  • Latest Cyber Attack a Wake-up Call: What are your company’s IoT exposures? The Internet of Things gives rise to many risks and exposures that companies and their insurers were not thinking about as recently as a couple years ago, and probably aren’t fully cognizant of today. The DDoS attack late last week on internet infrastructure company Dyn should act as a wake-up call.  It shows how large and disruptive a cyber attack can become because of all the seemingly benign “things” connected to the internet.  And it should cause companies to think about... More
  • Cyber Attacks on Infrastructure Are Increasing: Review Your Insurance As “Internet of Things” Risks Grow and Change In the December post Systemic Cyber Risks And The Internet of Things, we wrote about the increasing risk of cyber attacks on infrastructure and consumer products, and related insurance issues. We noted in that post that, while there have been a few cyber attacks on the Internet of Things (IoT) reported over the past few years, the number of such attacks was certain to grow. It has. Since our December post, several new attacks and developments have been publicly disclosed. These... More
  • Protect Your Wine Business Against Data Security Breaches and Other Cyber Risks David Smith and I have recently been writing and speaking about cyber risks and cyber insurance for the wine industry. While many of the high-profile data security breaches in the news involve large public companies, all businesses that accept credit cards for payment and/or have personally identifiable information from employees or customers are at risk of a data security breach. This is the case even if the collection or storage of such information is handled by a third-party vendor. Businesses... More