Sunday, April 11, 2021
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Red Alert on Terrorism Insurance

With insured losses reaching a record $23 billion as a result of the 9/11 attacks, businesses were unable to purchase insurance protection against future terrorist events. This left significant sectors of the economy vulnerable, including the real estate, transportation, construction, energy and utility industries. As a result, in 2002, Congress enacted the Terrorism Risk Insurance Act (“TRIA”) as government-backed reinsurance to insurance companies following a declared terrorism event. TRIA provides terrorism insurance accessibility to businesses by requiring business insurers to offer terrorism coverage for the types of claims experienced in the 9/11 attacks....

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Ebola :: The Insurance Side Effects

With the entrance of the Ebola virus into the United States this year, we have become acutely aware of public health issues raised by the threat of an outbreak, yet the potential economic impact of this virus and the associated need for proper risk management has not been considered as closely. The economic implications of the Ebola outbreak could be epic—the World Bank Group forecasts the affected countries’ economic loss to reach $32.6 billion by the end of the year....

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Looting in the Wake of the Ferguson Decision :: What Business Owners Need to Know About Their Insurance Policies

Reports of looting and violent protests in major cities followed the grand jury’s decision not to bring criminal charges against Officer Darren Wilson for the August shooting of 18-year old Michael Brown in Ferguson, Missouri. While business owners may be concerned about the safety of their property in high-risk areas, many may not have thought about whether damages arising out of acts of vandalism are covered by insurance. In fact, what’s not covered might come as a big surprise....

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Amy Stewart Named to ‘Best Lawyers in America’

Amy Elizabeth Stewart has been selected for inclusion in The Best Lawyers in America 2013 for her work in Insurance Law. To compile the list, Best Lawyers, the oldest peer-review publication in the legal profession, conducts a rigorous, peer-review survey that includes more than 4 million confidential evaluations by other lawyers in the same and related specialties. Best Lawyers asks attorneys who they would refer cases to if they were unable to handle a matter themselves. “I’m ha ......

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Who Chooses Defense Counsel?

When an insured has liability insurance that is triggered by a lawsuit, the policy often requires the insurer to provide the insured with a defense against the lawsuit, in addition to covering some or all of a settlement or judgment.  If the insurer has a “duty to defend,” it typically has the right to make strategic decisions regarding the defense of the lawsuit, including the right to choose the lawyer who will represent the insured.  Whether an insurer has the right to conduct its i ......

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Too Many Claims, Not Enough Insurance :: Priority of Payment Issues

Given the extraordinary cost of defending financial crisis claims and the unprecedented damage models implicated in many such lawsuits, the potential litigation exposure faced by an insured defendant often dwarfs the limits of even comprehensive insurance programs.  With too many claims and an unmanageable number of insureds, the practical problem is that the available insurance may be grossly insufficient to defend and resolve the pending claims against insured persons.  This raises the issu ......

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Amy Stewart Law is a boutique law firm that represents policyholders exclusively in insurance coverage litigation and bad faith, with an emphasis in directors & officers liability, cyber insurance, fiduciary liability, professional liability and other specialty liability coverages.

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