Historic 2020 Wildfires Spark Proposed Insurance Coverage and Bad Faith Legislation in Oregon

The wildfires that ripped through Oregon in September of 2020 caused unprecedented damage, and sparked legislation that would expand property coverage and look to create a bad faith cause of action in Oregon.    HB 3272 seeks to amend ORS 742.230 to require several changes to property coverage provided in homeowner policies – if passed, among
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A kind of digital vaccine: The importance of insurance coverage for cybercrime

COVID-19, in and amongst all its other ramifications, has been a catalyst for digital evolution. In this context, it is important to note that the threats and vulnerabilities of the digital world are not new but have become more frequent. The Federal Bureau of Investigation (FBI) reported a 300% increase in cybercrimes in April 2020.
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COVID-19 – ONE YEAR ON: Insurance implications

We reflect on the past year – and look at what is next for event cancellation, travel and life/protection insurers On 23 March 2021, the UK marked the anniversary of the announcement of its first coronavirus lockdown. On the same day, there was a glimmer of hope as the British & Irish Lions rugby union
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R (Maughan) v HM Senior Coroner for Oxfordshire

Supreme Court confirms that Coroners’ Inquests shall apply the lower civil standard of proof to all forms of Inquest conclusions of suicide and unlawful killing In this long-running Judicial Review challenge, the Supreme Court has confirmed that the civil standard of proof applies to all Coroners’ Inquest suicide conclusions (whether short-form or narrative form), and
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Class Action in Europe – developments towards a “new normal” in litigation in light of the directive (EU) 2020/1828?

Insuralex is a group of more than 50 independent law firms Practice areas: from Europe, North America, Latin America, Africa, Asia and the Middle East that specialise in Insurance and Reinsurance. Insuralex firms work for a wide range of clients including insurance and reinsurance companies, Lloyd’s syndicates, insurance and reinsurance brokers as well as captives
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Nevada Gets on the “Buss,” Adopts Insurer Right of Reimbursement for Uncovered Defense Costs

The Nevada Supreme Court, in a 4-3 decision, has concluded a liability insurer is entitled to reimbursement of defense costs when there is no overage and the insurer reserved in writing its right to seek reimbursement. Nautilus Ins. Co. v. Access Medical, LLC, 137 Nev. Adv. No. 10 (3/11/2021) was a  case in which the
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Civil liability, vaccination, and vaccines: a European and national perspective

We are currently living what can be considered the most important massive vaccination campaign in the recent history of humankind. Scientific advisors and governments from all over the world have assured that the COVID-19 vaccine is effectively and technically safe. However, is COVID-19 vaccine also safe from a legal perspective? What is the civil liability
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On the legal actions brought in the United Kingdom, France and the United States for business interruption insurance under COVID-19

IMPACT ON LATIN AMERICA AND ARGENTINA1 SUMMARY: I. Introduction. – II. Uninsurable risk. – III. Coverage for small and medium-sized enterprises (SMEs) and business interruption. – IV. Legal actions in the international market regarding insurance for SMEs and the impossible correspondence with Latin American reality. – V. Final comments on the international insurance market. –
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Impact of COVID-19 on Operational and Contractors’ All Risk insurance contracts

Impact of COVID-19 on Operational and Contractors’ All Risk insurance contracts1   SUMMARY: I. Introduction – II. Pandemics versus epidemics and insurable risks versus uninsurable risks – III. Operational All Risk – IV. Contractors’ All Risk V. – Conclusions – VI. Sources. I. Introduction.- Since March 3, 2020, the date on which the World Health
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Does a failure to mediate inevitably lead to costs sanctions?

A summary of the case of Patel & Ors v Barlows & Ors [2020] EWHC 2795 (Ch) In our previous article, Mark Aizlewood and Dean De Cesare considered recent case law that highlighted the Courts’ increasing tendency to impose costs sanctions on litigants that failed to participate in the mediation process. In a slight reversal
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