Wednesday, December 07, 2016
   
Insurance Sidebar :: Amy Stewart PC’s Law Blog on Insurance Coverage Issues Minimize

2017 Edition of Amy Stewart’s ‘Texas Insurance Coverage Litigation’ Now Available

The 2017 edition of “Texas Insurance Coverage Litigation: The Litigator’s Practice Guide” by Dallas lawyer Amy Elizabeth Stewart of Amy Stewart Law is now available for purchase. The 2017 edition includes updates on the increasingly important area of cyber insurance.

To order, visit http://lawcatalog.com/ProductDetail/17942/Texas-Insurance-Coverage-Litigation-The-Litigators-Practice-Guide

“Texas Insurance Coverage Litigation” provides legal analysis, practical tips, and annotations specific to practicing before Texas courts and the 5th U.S. Circuit Court of Appeals, including a focus on third-party liability policies. It also includes a valuable set of forms for use in drafting pleadings and other legal documents.


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Insured’s Duty to Read Policy May be Undercut by Agent's Misrepresentations, Appeals Court Affirms

Insurance policyholders should always read their policies, but a recent ruling out of Texas’ 14th Court of Appeals may provide support to those who rely on insurance agents for information regarding their policies.

Insureds often misunderstand the terms of an insurance policy or argue that they have been misled by an insurer’s or an agent’s statements regarding a policy’s terms or coverage. In these disputes, defendants often raise as a defense the insured’s duty to read its policy. The court’s Oct 18 ruling in ruling in Wyly v. Integrity Insurance Solutions, No. 14-15-0042-CV, reiterated the rule under Texas law that this defense fails where an insured has alleged or shown that an insurance agent has made a specific, affirmative misrepresentation about the policy.

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What Every Young Lawyer Should Know about Insurance

Want to know how to maximize the impact of your company’s insurance policies?  Do you know when and how to tell your client’s insurers about a new lawsuit? Want to better understand the pitfalls?  

Join the Dallas Association of Young Lawyers at noon on Wednesday, November 9, for Insurance 101: What Every Young Lawyer Should Know. The program will provide an overview of common liability insurance policies and basic insurance principles that may frequently impact your practice.

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Quantifying Your Cyber Risk

There was an excellent article in the October 5 Harvard Business Review on evaluating cyber risk. If your business is in the process of quantifying its cyber risks – and every business should be – the article “Can You Put a Dollar Amount on Your Company’s Cyber Risk?” is a must-read.

Highlights from the article are summarized below, but, first, keep in mind two major concepts when purchasing cyber insurance:

1)   Be careful what you tell your insurance company you’ll do to prevent data breaches as those promises can come back to bite you if those policies aren’t followed to the letter (and since so many breaches are linked to human error, they almost never are);

2)   Because cyber is such a new and evolving area of risk, and there is so little standardization among policies, there is room for negotiation when purchasing a cyber policy.

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How does bankruptcy affect insurance coverage, underwriting and claims?

Bankruptcy complicates everything, including insurance. To help illuminate that subject, the Professional Liability Underwriting Society (PLUS) is holding two seminars, one in Dallas on Sept. 21 and one in Houston on Sept. 22.

Amy Elizabeth Stewart will moderate both panels. She will be joined by AIG’s Daniel Navarro, Teri Martin of AmWINS Brokerage of Texas, Inc., and William Medford of Lewis Brisbois Bisgaard & Smith.

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Texas Super Lawyers Honors Amy Elizabeth Stewart

Amy Stewart Law founder Amy Elizabeth Stewart has been recognized for the 8th consecutive year on the Texas Super Lawyers list of outstanding attorneys. 

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4 Tips for Maximizing Insurance Coverage in Business Lawsuits

One of the most frustrating events in business is being served with a lawsuit. If your company has prepared for such an event, however, you should have one or more insurance policies in place that will help defray expenses. 

Determining which policies apply can be difficult, as policy language is not always crystal clear. You may be able to activate one or more of the following kinds of coverage:

      •      Commercial general liability (CGL)
      •      Errors and omissions (E&O), also known as professional liability insurance
      •      Directors and officers (D&O)


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Katherine Fayne Joins Amy Stewart Law

Please join us in welcoming Katherine Hendler Fayne, who has joined Amy Stewart Law as Of Counsel.

Before joining us, Katherine handled a wide range of litigation at Dallas’ Lillard Wise Szygenda. She also clerked for two U.S. District Judges in the Northern District of Texas, The Honorable Jorge Solis and The Honorable Sam Lindsay, and handled complex commercial litigation at the Dallas office of Fish & Richardson and D.C.’s Arnold & Porter.

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Amy Elizabeth Stewart named to ‘Best Lawyers in America’ for 5th consecutive year

Amy Elizabeth Stewart has been named to the 2017 list of The Best Lawyers in America for her work in insurance law. This is the fifth year in a row she has been recognized by Best Lawyers, one of the nation’s premier guides to the country’s top lawyers.

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Employment practices liability insurance: a primer

In the mid-1990s, standard general liability policies began excluding coverage for employment risks. Since that change, insurance specifically for employment-related liability has been a standard component of corporate insurance portfolios. 

Although some businesses elect not to shift employment risks to an insurer, many purchase employment practices liability (EPL) coverage to protect the company, its executive team, and other employees from lawsuits filed by employees, former employees, and applicants asserting employment claims.


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So many insurance policies! What kind does your business need?

Running a business is full of risks, which is why one of the first purchases savvy business owners make is insurance. Between the dizzying array of choices and the opaque policy language, however, deciding which policies to buy can be overwhelming.

Choosing coverage that will help protect your company when you need it most can pay off in a big way, so here’s a brief overview of the policies commonly available to businesses.

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(Risky) Businesses face millions in cyber losses – even with insurance

It’s clear that businesses are aware of the risks posed by cyber breaches, given the growth of the cybersecurity industry and the growing number and variety of insurance products available to help companies recover from cyber attacks. 

Still, there’s plenty of room for growth, according to a recent report titled "The Cybersecurity Risk to Knowledge Assets,” a joint effort of the law firm Kilpatrick Townsend, and Ponemon Institute LLC. The bulk of the 35-page report is devoted to the potential loss of “knowledge assets” (i.e. trade secrets and other confidential information) in a cyber breach, but it also includes some interesting notes for those of us who follow the cyber insurance world. 

According to the report, 60 percent of businesses surveyed either have cyber insurance (29 percent) or plan to get it within the next year (31 percent). 

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Avoid these 7 insurance pitfalls

Every business needs insurance – just in case the unthinkable (or the oh-so-thinkable) happens. Here are seven common mistakes policyholders make (but you can avoid):

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Need to Polish Your Insurance Law Knowledge?

Amy Elizabeth Stewart will be presenting Insurance 201: Liability Insurance Overview for Trial Lawyers at noon on Friday, July 8 at the Dallas Bar Association, 2101 Ross Ave., in Downtown Dallas.

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Make Sure to Read Fine Print with New Wire Transfer Fraud Insurance

With the growth of wire-transfer fraud schemes, it seems only fitting that banks would take steps to protect their customers from the frighteningly agile and adaptive hackers who prey on them.

According to Reuters, Los Angeles-based Grandpoint Bank appears to be the first bank to offer an insurance policy to its business customers to protect them from losses in wire transfer scams. The policy is underwritten by Hiscox Inc., and costs $30 to $70 per month for up to $1 million in coverage.

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Please visit our web site at www.amystewartlaw.com.
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About Minimize
Amy Stewart Law is a boutique law firm that represents policyholders 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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Practice Areas Minimize
  • insurance coverage litigation
  • bad faith litigation
  • policy interpretation & analysis
  • insurance review & planning advice
  • advice | insurance disputes
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Amy Stewart PC | Dallas, Texas | Copyright 2016 | All Rights Reserved