There is no “lawyer’s paradise”: Interpreting contracts of insurance

It is well known that insurance contracts need not be reduced to writing to be rendered enforceable, however, given that insurance is, by and large, a risk transferring enterprise it is commonplace to find the terms of the contract reduced to a written agreement (policy). This obviates the need for either party to prove the
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FREE Insuralex Webinar: Insurance digital commercialization in Latin America

Digital commercialization for insurers in Latin America ceased to be a long-term development project to became a top priority to them. It gained special relevance during the year 2020 due to the Covid-19 pandemic, whose effects prevented the insurance market from commercializing its products through the customary mechanisms. As jurisdictions in Latin America have several
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FCA Business Interruption Insurance Test Case – the Judgment

A summary of the judgment in the FCA business interruption insurance test case Following the 8-day hearing of the FCA business interruption insurance test case, which commenced on 20 July 2020 (you can read our summary of the hearing and the background to the claim here), the High Court handed down its judgment on 15
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Impact of COVID-19 on the operational and construction all risk insurances

Our exclusive member of Argentine has published an article (in Spanish) on the Impact of COVID-19 on the operational and construction all risk insurances. Please find the article below. The article highlightes the following topics: ·      Pandemic as a fundamental risk; ·      Absence of direct physical damage as a result of
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FCA business interruption insurance test case – a recap as we await judgment

A summary of the background to the test case and the keys issues following the conclusion of the hearing On 30 July 2020, the High Court hearing of the FCA’s business interruption insurance test case concluded. The FCA intends to resolve the uncertainty as to how business interruption insurance policies should respond to Covid-19 related
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Insuralex Board of Director´s Member Rick Hammond appointed to Illinois Supreme Court Task Force on Court Operations During COVID-19

Rick Hammond, current member of Insuralex´s board of directors, Illinois Defense Counsel (IDC) past president and partner with HeplerBroom LLC, has been appointed by the Illinois Supreme Court to the newly formed Task Force on Court Operations During COVID-19. Rick will act as the voice for IDC and the defense bar on the task force.
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Actual Knowledge or Awareness That Product is Sold in Washington Required for Personal Jurisdiction Based on Stream of Commerce

On July 13, 2020, the Washington court of appeals issued the third in a trilogy of decisions regarding whether a showing of actual knowledge or awareness that a product is sold in Washington is necessary to support personal jurisdiction in stream-of-commerce cases. In Noll v. American Biltrite, Inc., Case No. No. 77888-9-I, 2020 WL 3960362 (Wash.
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Business interruption insurance: But for COVID-19 / But for the lockdown regulations?

Businesses across most landscapes have suffered immensely due to the impact of COVID-19 (Coronavirus). Business insurance appears to be no exception. In a ground-breaking decision, the Western Cape High Court in the case of Café Chameleon v Guardrisk Insurance Company Ltd (WCHC, Case no. 5736/2020, 26 June 2020) ruled against an insurer for payment of
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California Legislators Attempt to Create Business Income Coverage for COVID-19 by Reversing Burdens of Proof

One of the less exciting components of litigation is the burden of proof. The lack of excitement, however, masks its importance. In many instances, which party is assigned the burden of proof determines the outcome – the party with the burden of proof loses. Some members of the California legislature are using this reality to
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T. David Rheney Elected President of Insuralex

A new board of directors elected for the global insurance lawyers group Gallivan White Boyd partner T. David Rheney was elected as president of Insuralex during its recent annual meeting. Insuralex is a worldwide network of more than 50 independent law firms that practice insurance and reinsurance coverage, defense, litigation and related legal services. Its
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