Business Interruption Insurance: Post-Pandemic Litigation Developments

On December 31, 2021, New York Governor Kathy Hochul closed the year by signing into law the Comprehensive Insurance Disclosure Act (S7052) to impose sweeping changes to the rules embodied...

As artificial intelligence development accelerates and safety concerns mount, state insurance regulators are advancing comprehensive examination frameworks to govern AI use in the insurance industry. The National Association of Insurance Commissioners nears completion of its AI Risk Evaluation Supplement, which will establish standardized oversight procedures for insurers' AI governance practices across market conduct and financial examinations.

The National Association of Insurance Commissioners intensified its regulatory focus on artificial intelligence governance, third-party data models, and cybersecurity oversight at its Summer 2026 meeting. Regulators are shifting from principles-based guidance to examination-ready supervisory tools, emphasizing that insurers remain accountable for the technologies and vendors they deploy. The meeting revealed how AI risk evaluation, vendor oversight frameworks, and privacy modernization efforts are convergin

Washington's Insurance Commissioner has announced significant amendments to insurance claims handling regulations that will reshape how insurers investigate and process claims in the state. The changes, effective October 2026, introduce new requirements for mitigation approvals, investigation standards, and claimant communications that could substantially impact insurer operations and liability exposure. These regulatory updates come in response to a surge in consumer complaints and litigation, establishing

A federal court ruled that CNA must provide coverage for Guidehouse's $7.6 million False Claims Act settlement related to cybersecurity failures in New York's Emergency Rental Assistance Program portal. The decision addresses critical questions about when insurers can deny coverage for FCA settlements under professional liability policies, particularly regarding exclusions for fines, penalties, and deliberate acts.

A data breach exposes thousands of customer records. An employee falls for a phishing email and wires $200,000 to a fraudulent account. A vendor’s compromised software infects your network.

The Massachusetts Appeals Court examined whether an insurer's two-year delay in paying disability benefits constituted a violation of state consumer protection and insurance laws. Despite medical evidence describing the plaintiff's feet as paralyzed and functionally useless, the insurer repeatedly denied claims under a policy provision for total loss of use of both feet, arguing the plaintiff could still walk with assistive devices.

Montana state insurance regulators recently raised a red flag about the increasing availability of self-insured limited partner health plans. As consumers seek relief from the skyrocketing costs of major medical insurance plans, limited partner health plans are rising in popularity, with Montana reporting that at least 12 companies now offer them in the state.

The NAIC has spent four years overhauling capital requirements for life insurance companies' investments in collateralized loan obligations, introducing dramatic changes that will reshape how insurers allocate capital across their investment portfolios. These new rules, which account for credit spectrum positioning and tranche thickness for the first time, will force insurers to model significant impacts before year-end 2026 implementation.

A federal court in Ohio has ruled that an occupational disease exclusion in a commercial general liability policy bars coverage for PFAS-related personal injury claims brought by firefighters against a manufacturer of firefighting equipment. This landmark decision could significantly impact how insurers respond to PFAS product liability claims and may extend beyond occupational disease exclusions to other policy provisions using similarly broad language.

The FTC secured a settlement with Growth Cave, LLC and related entities ("Growth Cave"), along with the company's co-CEOs...

The United States Embassy in India today announced it is implementing a new visa processing system throughout India.

Kentucky AG Russell Coleman filed a lawsuit against Character Technologies, Inc. and its founders alleging violations of the state's consumer protection and data privacy laws arising...

Texas AG Ken Paxton has announced a settlement with TPC Group, Inc. and TPC Group LLC (collectively, "TPC"), to resolve lawsuits alleging that TPC violated Texas law through conduct that resulted in an explosion that leveled a chemical manufacturing facility in Port Neches, Texas.

Canada’s privacy regime can be described as a web of legislation at both the federal and provincial/territorial level. Some commentators express concern that this web has become tangled, lacks uniformity and actually undermines the predictability and consistency that, in their view, would exist under a single (federal) privacy regime.

On December 5, 2024, the New York City Council approved with modifications the NYC Department of City Planning's (DCP) City of Yes for Housing Opportunity...

Thirteen Democratic AGs, led by Colorado AG Phil Weiser, have moved to intervene in the U.S. District Court of the Northern District of California's review of an antitrust settlement...

Texas AG Ken Paxton sued the Roblox Corporation, which operates a popular online gaming platform used predominantly by children and teens...

A bill co-sponsored by California AG Rob Bonta which prohibits consumers' medical debt from being reported on credit reports was signed into law and will go into effect on January 1, 2025.

A bipartisan coalition of 23 AGs and several state banking regulators submitted a comment letter urging the OCC to withdraw two proposals...