Coverage for BIPA-Related Lawsuits Continues to Be Litigated
Insurers are making decisions, consciously or not, as to whether they want or intend to afford coverage for biometric privacy claims. This has prompted the filing of many coverage litigation suits. This is an evolving area of the law, as reflected in recent 2024 decisions. 
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A Warning to Carriers on the Risks of Undefined Terms in Policies
The North Carolina Supreme Court issued a ruling in a business interruption coverage case that strayed from the national trend of courts finding in favor of insurance carriers following government-ordered business closures during the COVID-19 pandemic. The court concluded that loss of physical use of property can constitute “direct physical loss” under property policies, paving the path to coverage for policyholders who are unable to access or otherwise use insured spaces.
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Texas Supreme Court Provides Framework for Determining Whether an Excess Liability Policy Covers Defense Expenses
A ruling by the Texas Supreme Court reinforces the principle that Texas courts are to look to the policy in question to determine coverage and that the scope of coverage under an excess policy is governed by the terms of the excess policy itself, even if it follows form to the underlying policy in some respects.
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New Missouri Supreme Court Case Outlines Mechanism for Insurers to Intervene and Seek a Stay of Underlying Tort Actions While Simultaneously Seeking a Declaration of Coverage Rights
For many years, Missouri has been considered a sort of “coverage wasteland.” However, the tide may be turning for the better for insurers in the state following a recent Missouri Supreme Court decision.
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Useful Policy Language and Underwriting Practices for Cannabis Carriers
Many insurance carriers have begun issuing various types of insurance policies for different aspects of cannabis operations, each involving different risks that may require distinct types of policy language, security measures, and underwriting practices. This article discusses some recurring coverage and underwriting issues in connection with these policies.
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