Articles by Andrew S. Boris

The negligent premises liability inspection: Potential liability for the insurer?

People are always on the search for the “deep pocket” and insurers are very often the target of such searches. A common fixture of the underwriting process for many insurers is the inspection of an insured’s premises to adequately evaluate …

Arbitrator Impartiality – An Elusive Standard?

It is quite common in certain insurance or reinsurance contracts for the parties to include an arbitration clause so as to identify the chosen means of dispute resolution. For those threatened with the prospect of litigation, the ability to avoid …

Brokers in Pursuit of Professional Liability Coverage

It happens quite often. An insured is sued and a question is raised as to whether there is insurance coverage for the claim. The insured states that “it thought it had coverage,” and if it does not have coverage, “it …

Business Interruption: When Has the Insurer Satisfied Its Obligation?

One of the most problematic insurance questions that developed following the destruction of the World Trade Center on Sept. 11, 2001, involved business interruption coverage. With the destruction of the World Trade Center complex, there was significant disagreement as to …

How Many Times Does the Insurer Pay – Multiple Occurrences’

With the recent news that some insurers will be liable for “two events” relating to the World Trade Center attacks on Sept. 11, many in the insurance world have focused their attention to the “number of occurrences” question. Historically, there …

The Increased Difficulty of Successfully Challenging the Arbitration Award

Many disagreements in the world of insurance are addressed in an arbitration proceeding rather than in traditional litigation. From uninsured motorist issues, agent-broker disputes, and differences of opinion in the reinsurance context, insurers and reinsurers increasingly find themselves as parties …

Asbestos – Any Options Left for Insurers’

While the United States Senate has expressed its willingness and commitment to solving the asbestos litigation problem facing the county, insurers remain under a siege of asbestos related claims. While hope remains that a legislative solution will be enacted to …

The Expanding Ability of an Insurer to Recoup Costs Expended for Uncovered Claims

Insurers are routinely presented with complaints filed against their insureds where some of the complaint’s allegations do not fall within the coverage provided by an insured’s insurance policy. Nevertheless, insurers are often required to provide a full defense to their …

The Intersection of Privacy Legislation and Insurance Related Litigation

Privacy legislation has affected almost all consumers of goods and services in the United States. Most notably, the Gramm-Leach-Bliley Act (GLBA) passed by the federal government in November of 1999 sets forth a complex set of rules intended to promote …

Questions of Coverage for Terrorism

It seems like almost every day there is a major news story concerning a terrorist act in the Middle East, Europe, or Asia. While the United States has been largely immune to the almost daily attacks of domestic terrorism undertaken …