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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The corporate group and the individual civil liability vs. joint and several liability

The civil liability that may arise within a specific company that is a part of the corporate group operating under one trade name, in many occasions raises questions when determining which entity must respond in the event of a civil liability case. At Belzuz Abogados Insurance Law Department, we have analysed the case when the
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FCA Business Interruption Insurance Test Case

FCA business interruption insurance test case – Supreme Court judgment A summary of the Supreme Court judgment in the FCA business interruption insurance test case On 15 January 2021, the Supreme Court handed down its judgment in the leapfrog appeal of the FCA Business Interruption Insurance Test Case (a link to our summary of the judgment
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Insuralex and Lowers Forensics International Join Forces to Offer Legal and Forensic Accounting Expertise to Global Insurance and Reinsurance Markets

Insuralex and Lowers Forensics International Join Forces to Offer Legal and Forensic Accounting Expertise to Global Insurance and Reinsurance Markets Together, Insuralex  and Lowers Forensics can assist in complex claims that require a high specialization and that have an international component that requires specialized knowledge in diverse jurisdictions. Lowers Forensics International, a globally trusted financial forensics and risk mitigation firm,
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#InsuranceLaw Round up of 2020

Notwithstanding the significant lockdown period during the second quarter of the year, as well as the continuing restrictions that have been imposed since then, the courts have continued to operate. As a result, there have been a number of decisions, which will be of interest to both the insurance and reinsurance markets, some of which
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WHAT DID SANTA LEAVE FOR PROPERTY INSURERS? New California Laws Affecting Property Claims in 2021

Every year, it seems, the California state government leaves “gifts” for property and casualty industry. The 2020 legislative session was no exception. Most new legislation takes effect on January 1, some takes effect immediately, and some does not become operative until July 1, 2021.    This year’s “gifts” included new statutory language applicable when a
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