States map coverage; counsel and risk managers shopping for insurance should learn relevant state case law

Article Abstract:

Proactive insurance risk management decisions based on knowledge of each state's case law will save lawyers and risk managers much money in portential damages for mass liability claims. A coverage gap problem exists because several state supereme courts construed the same insurance coverage language for mass liability claims differently in 1990s rulings. A company's failure to deal with this coverage gap in buying liability insurance may have disastrous consequences if that company faces mass liability suits in the next 25 years.

Evaluation, Corporations, Liability insurance

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Changes to U.S. patent law caused by GATT's implementation may establish a new basis for 'advertising injury' coverage of direct patent infringement claims

Article Abstract:

The US codification of the Uruguay Round of the General Agreement on Tariffs and Trade creates a new patent infringement cause of action based on 'offers to sell' products. It seems possible for infringement claims to cover advertising liability as a result of this expansion. According to Section 271(a), infringement liability applies to offers to sell anything covered by a patent. Plaintiffs will surely use the 'offers to sell' expansion to sue for patent infringement based on advertising of allegedly infringing products.

Interpretation and construction, Patent law, Advertising law

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How well do insurance policies cover cyber-risks? Insurers have denied coverage under old policies; specialized new ones may lead to litigation

Article Abstract:

The use of insurance products such as business interruption insurance and the new cyber-risk policies to cover technology-related liabilities is discussed. Because some of the language in the latter is new, litigation over its meaning is to be expected.

Usage, Disaster recovery (Computers), Business interruption insurance

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