The Robins Kaplan Insurance Insight - Vol. 1, No. 3

For our Summer installment of The Robins Kaplan Insurance Insight, we bring you the latest on flood related insurance developments including insights on storm surge coverage, anti-concurrent causation language in a post-Sebo landscape and the insurance industry’s response to Trump’s withdrawal from the Paris Climate Agreement. On the non-flood front we bring you information on building relationships with clients through coordinated corporate compliance programs, surety concerns for performance bond pitfalls, and recent concerns in computer fraud coverage.

We hope you enjoy this edition’s offerings and we welcome your feedback on topics and areas of interest for upcoming issues.

In This Issue

  • Hurricane Irma and Florida’s Enforcement of Anti-Concurrent Cause Clauses
    Liz Burnett
    As homeowners and businesses in Florida regroup and submit their Irma claims, insurers evaluating coverage should consider how Florida courts have interpreted anti-concurrent cause language.

  • An Angry Sea: The State of Storm Surge Coverage
    Melissa D'Alelio
    As hurricane season rages forward, consider that over half of the Nation’s economic productivity is located within coastal zones.

  • California DOI Responds to the U.S. Withdrawal from the Paris Climate Agreement
    Amy Churan
    The California Insurance Commissioner has called President Trump’s decision to leave the Paris Climate Accord “one of the worst abdications of United States leadership” in recorded history. In response, the commissioner has vowed to uphold California’s commitment to reducing carbon emissions and has requested that insurers divest their thermal coal holdings.

  • The Next Frontier in Customer Service: Helping Insureds Manage Their Risks by Building Corporate Compliance Programs
    Kathleen Edmond and Christina Lincoln
    The next great idea for providing service and value to insureds appears to lie in the collaboration with insureds to help build corporate compliance programs that help those insureds reduce their overall claim exposure and, therefore, premiums for those policies relating to internal company risks, such as policies offering employment practices liability insurance, directors and officers liability insurance, and crime and fidelity insurance. This novel concept could be insurers’ next step in setting themselves apart as “unique” in a marketplace where there are growing demands by insureds.

  • Two Bonds, Two Independent Obligations
    Laura Nash
    A surety may prevail on a performance bond claim arising on a construction project yet still be hit with substantial damages if the surety fails to resolve valid payment bond claims in a timely way.

  • One Phish, Two Phish: Recent Developments in the World of Computer Fraud Coverage
    Melissa M. D’Alelio, Esq.
    I meant what I said, and I said what I meant," Dr. Seuss once quipped. Courts, nationwide, are stating likewise when it comes to insureds seeking coverage for phishing scams under their crime policies, specifically the Computer Fraud Coverage Form found in many commercial property policies.

The articles on our Website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice.