Insurance Law

  • How Courts Interpret and Apply the Interplay Between the Bankruptcy Code and Medicare Program Act

    The combination of increasing operating costs and uncertain government reimbursement funding continues to place health care providers under financial pressure, and in many cases, financial distress. Given the importance of Medicare/Medicaid funding of claims under provider agreements with the federal government, how courts interpret and apply the interplay between the Bankruptcy Code and Medicare Program Act determines the disposition of hundreds of millions of dollars of claims for reimbursement that support the health care system.

    April 30, 2026Andrew C. Kassner and Joseph N. Argentina Jr.

  • Beyond Breaches: The Rise of Non-Breach Privacy Claims in Cyber Insurance

    The cyber insurance industry has long been dominated by conversations around security threats. Privacy concerns were often treated as an afterthought. But recently, there has been a critical shift: privacy risks that arise outside of traditional breaches are now front and center.

    March 31, 2026Blake Feldman

  • Contracts Covering Risk As Insurance Retreats from AI Exposure

    As insurance retreated from AI exposure, contracts began absorbing functions that insurance once performed. Indemnities compressed. In effect, contracts began underwriting elements of AI risk. This shift has significant consequences for lawyers drafting, negotiating and advising on AI-related agreements.

    March 01, 2026Olga V. Mack

  • Insights Learned from High-Stakes Commercial Insurance Recovery Matters

    Commercial insurance policyholders require nuanced approaches to protect their assets both before and after suffering a loss due to catastrophic weather. With loss severity and increased frequency of catastrophic events being a stark reality, businesses must take a closer look at all the ways they can safeguard their rights.

    January 01, 2026Anthony B. Crawford and Arnold Mascali

  • Evaluating Personal Injury Claims and Insurance Policies Covering Live Events

    The rise in demand for in-person events post-pandemic has meant a corresponding increase in personal injury actions against venues. Consequently, venue-owner and operator clients would be wise to regularly evaluate their insurance policies (particularly general liability insurance policies) to ensure adequate coverage.

    December 01, 2024Carla-Varriale-Barker and Courtney Dunn

  • Commercial Property Insurance: How Much Coverage Do You Really Have?

    While in many cases involving a substantial property loss the applicable insurance policy limit is clear, in some cases it is not, and the amount to which the policyholder is entitled is governed by a confluence of policy provisions informed by applicable state law.

    November 01, 2024Chris Kuleba, Harrell Watts II and Evan Knott

  • NY High Court Sides With Other State Courts: COVID-19 Business Interruption Not Enough to State Claim Under Commercial Property Insurance

    Many businesses have sought to recover their pandemic losses under commercial property insurance policies, only to be denied coverage. A significant number of policyholders have filed lawsuits challenging these disclaimers, primarily in state courts. But to the dismay of the insureds, a growing majority of high state courts have sided with the insurers in these disputes.

    July 01, 2024Howard B. Epstein and Theodore A. Keyes

  • Insurance Issues In AI-Related Risks

    Most entertainment industry organizations have by now heard the warning bells of risks that come with the use of artificial intelligence technology, from data privacy and cybersecurity threats to potential copyright infringement and discrimination claims. In face of the recent spike in AI-related litigation, such risks could soon prove costly, leaving one last barrier of defense for entertainment companies that use AI: insurance.

    August 01, 2023Cassandre Coyer