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In Part One of this article, we discussed that fact that the ACC clause eliminates the need for an analysis of proximate causation or concurrent causation where the excluded peril contributes in any way or in any sequence to a loss. This two-part article constitutes an overall review of ACC clauses in first-party property policies and their application across the United States. Most courts have found ACC clauses to be enforceable, although a handful of states have held that insurers may not contractually opt out of the state’s causation doctrines, i.e., efficient proximate cause or concurrent causation. We conclude the article herein.
Cyber Security Challenges and Potential Uninsured Exposures
This article provides a broad overview of cyber security challenges, and the insurance coverage (or lack thereof) for the financial impact of those cyber security challenges.
Fourth Circuit Finds GCL Insurer Owed Duty to Defend Cyber-Related Claims
Editor's NoteDear Readers: It is with the deepest regret that we must inform you that this issue of The Insurance Coverage Law Bulletin will be the last.…
Bifurcation of Bad-Faith Claims
Recently, federal courts across the country have ruled on insurers' motions to bifurcate bad-faith litigation; i.e., motions to separate and stay discovery and/or the trial of the bad-faith claims from the insured's claim for coverage.
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