Linda Kornfeld Archives - Policyholder Informer

Winter Storm Resources

Alan Rubin, Linda Kornfeld, and John E. Heintz

In the wake of two major winter storms and continuing frigid temperatures across much of the Lower 48, states of emergency have been declared for Texas, Oklahoma, and Louisiana, and state governments across the southeast United States are operating under their own emergency declarations.

These events are forcing evacuations to emergency shelters, and first responders are overwhelmed across several states. The storms’ impacts will be widespread in the days and weeks to come, including challenges involving property damage, business interruption, and travel disruption for a large part of the country.

As power is restored, it will be important to contact the Federal Emergency Management Agency (“FEMA”) and other state and local resources for assistance. In Texas, experts say the storms that left millions without power and water this week are expected to generate the most insurance claims stemming from a single event in state history.

Blank Rome’s interdisciplinary Severe Weather Emergency Recovery Team (“SWERT”) has developed the following resources for those affected by the storms, or with business interests in the affected regions, which we encourage you to share with your contacts via e-mail and/or social media:

Please share this information with anyone who has been impacted by the storms. These resources and many more can be found at our website at blankrome.com/SWERT. Our team stands ready to provide assistance on FEMA and insurance issues to individuals and businesses who are preparing for, or are impacted by, these events.

For additional information, please contact:

Alan Rubin, Principal, Blank Rome Government Relations
Linda Kornfeld, Partner and Vice Chair, Insurance Recovery Practice
John E. Heintz, Partner, Insurance Recovery Practice

Benchmark Litigation 2021 Recognizes Blank Rome Attorneys and Practices

Blank Rome LLP is pleased to announce that our practice groups and attorneys received the following high-level rankings and recognitions in Benchmark Litigation 2021.

Practice Group Rankings

For the third year in a row, our Insurance Recovery practice group, which was named Benchmark Litigation’s 2020 Insurance Firm of the Year, was ranked Tier 1 nationally. This year, the group was also among three select firms notably ranked Tier 1 for Insurance in California.

In addition, our Firm was recommended for Dispute Resolution in the District of Columbia and Pennsylvania, and our Labor & Employment practice group was recommended in New Jersey and Pennsylvania.

Individual Attorney Rankings

Insurance Recovery

California

- Mary Craig Calkins
  - California – Litigation Star
  - Local Litigation Star
- Linda Kornfeld
  - National Practice Area Star
  - California – Litigation Star
  - Local Litigation Star
  - Top 250 Women in Litigation

New York

- Jared Zola
  - Future Star

Washington, D.C.

- Kyle P. Brinkman
  - 40 & Under Hot List – Northeast
- John A. Gibbons – Insurance, Product Liability, and Recall
  - Local Litigation Star
- John E. Heintz
  - Local Litigation Star
  - National Practice Area Star
- James R. Murray – Insurance, Product Liability, and Recall
  - Local Litigation Star
  - National Practice Area Star
- Omid Safa
  - 40 & Under Hot List – Northeast

Continue reading “Benchmark Litigation 2021 Recognizes Blank Rome Attorneys and Practices”

COVID-19 Coverage Litigation Update: Will Your Claim Be Batched with Others for Resolution?

Robert N. Lane* and Linda Kornfeld

Part 1

So far, traditional first-party property insurers have taken hardline “no coverage” positions for COVID-19 business interruption claims. As a result, policyholders nationwide (and even around the world) have been left to contemplate whether to press their coverage claims through litigation, or stay on the sidelines and watch as others develop the issues. Those policyholders already in coverage litigation or considering filing suit should be aware of the debate between policyholders and their insurers regarding how to manage the coverage suits that have been filed in many different courts in many different states around the country. To be sure, there are currently nearly 700 lawsuits pending in federal and state courts nationwide (most of which thus far involve small businesses) seeking rulings regarding whether business interruption losses associated with COVID19 are covered by traditional first-party property policies. Of those 700 cases, almost 200 of them are identified as putative class actions. Continue reading “COVID-19 Coverage Litigation Update: Will Your Claim Be Batched with Others for Resolution?”

Wildfire and Hurricane Resources

Linda Kornfeld, John E. Heintz, and Alan Rubin

As the 2020 severe weather season continues unabated, our thoughts are with those dealing with multiple historic wildfires in the western states and on the West Coast, as well as with those awaiting the landfall of Hurricane Sally in the Gulf Coast tomorrow. The long-duration hurricane is expected to cause historic flooding and extremely dangerous storm surge. In addition, the National Hurricane Center has issued advisories on five tropical cyclones over the Atlantic basin; this ties the record for the greatest number of tropical cyclones in that basin at one time.

These unprecedented events are forcing evacuations, and may cause widespread damage, business interruption, and travel disruption for a large part of the country for days and weeks to come.

Blank Rome’s interdisciplinary Severe Weather Emergency Recovery Team (“SWERT”) has developed the following resources for those in the path of the wildfires and the storms, or with business interests in the affected regions, which we encourage you to share with your contacts via e-mail and/or social media:

- - Steps to Follow to Protect Your Wildfire Insurance Recovery
  - Insurance Checklist for Individuals in the Event of Hurricane Losses on the Gulf Coast

Written by attorneys in our national Insurance Recovery practice who work with policyholder clients in the wake of property damage and business interruption losses.

- - Early Recovery Checklist for FEMA and Other Related Emergency Services for Individuals and Businesses
  - Podcast: “Stormy Times” – How States and Cities Can Better Prepare for Catastrophes

Developed by Alan Rubin of Blank Rome Government Relations, who has years of experience working with FEMA in the aftermath of disasters.

Please share this information with anyone who has been impacted by the fires. These resources and many more can be found at our website at blankrome.com/SWERT. Our team stands ready to provide assistance on FEMA and insurance issues to individuals and businesses who are preparing for, or are impacted by, these events.

For additional information, please contact:

Linda Kornfeld, Partner and Vice Chair, Insurance Recovery Practice
John E. Heintz, Partner, Insurance Recovery Practice
Alan Rubin, Principal, Blank Rome Government Relations

California Corner: Resources for Those Impacted by California Wildfires

Linda Kornfeld, John E. Heintz, Alan Rubin

Communities and businesses throughout California are dealing with the serious, and for some, catastrophic effects of historic wildfires. The fires have devastated homes and businesses across a large swath of the state, and while their full impact is not yet known, they are sure to cause long-term disruption to individuals and families, residential areas, businesses and the economic health of the entire region. Our thoughts are with those affected by these events, and our interdisciplinary Severe Weather Emergency Recovery Team (“SWERT”) has prepared two resources that are immediately helpful to those in the affected areas: Continue reading “California Corner: Resources for Those Impacted by California Wildfires”

Insurance Coverage for Hurricanes: Insurers May Dispute “Causation”

Jared Zola, Linda Kornfeld, John E. Heintz, and Alan Rubin

Like the 2017 Atlantic Hurricane season before it, the 2018 season brought devastating storms to the United States. A prime example: One of the most powerful hurricanes on record to hit Florida’s Panhandle wreaked havoc in October 2018 and left a trail of devastation in its wake as it weakened to tropical storm status but still brought large-scale destruction to southeastern states.

Hurricane Michael made landfall on October 10 approximately 20 miles southeast of Panama City, Florida, with biblical 155 mph sustained winds, violent waves, and heavy rain. The extent of the damage in Florida is still being evaluated, but it is extensive to the naked eye. Two hospitals were evacuated. Many homes were destroyed, power lines were downed, cars and trucks overturned and destroyed.

It took weeks before roads were cleared and electricity was fully restored. Even once businesses reopened, the storm’s destruction prevented employees from traveling to work. In addition, municipalities reported decreased tax revenues from business closures. The economic impact of storm-related losses for businesses and municipalities combined will be significant. Continue reading “Insurance Coverage for Hurricanes: Insurers May Dispute “Causation””

California Corner: California’s Bar on Coverage for Willful Acts under Insurance Code Section 533—Don’t Assume It Applies

David A. Thomas and Linda Kornfeld

Like a number of states, California prohibits insurers from indemnifying policyholders for liability based on intentional conduct that was committed with the intent to cause harm, although it does not bar a defense against such claims. California’s public policy is codified in Insurance Code Section 533, which provides: “An insurer is not liable for a loss caused by the wilful act of the insured; but he is not exonerated by the negligence of the insured, or of the insured’s agents or others.”

A significant body of law has elucidated the rules for application of Section 533. Reckless or grossly negligent conduct generally does not trigger application of the statute.[1] Nor, with very limited exceptions, does the mere fact that a policyholder intended the act that caused the harm bring the conduct within Section 533.[2] Instead, the policyholder must have intentionally performed a liability-producing act for the express purpose of causing harm or with knowledge that harm was highly probable or substantially certain to result.[3] Fraud and malicious prosecution are common examples.[4] Section 533, however, does not bar coverage for intentionally harmful acts based solely on vicarious liability.[5] Continue reading “California Corner: California’s Bar on Coverage for Willful Acts under Insurance Code Section 533—Don’t Assume It Applies”

GDPR Is Finally Here: It’s Time to Make Sure Your Current Cyber Policy Will Protect against New Financial Exposures

Linda Kornfeld

The General Data Protection Regulation (“GDPR”) goes effective tomorrow. Companies are considering the consequences and attempting to determine whether they are compliant or how to get there, whatever “compliant” ultimately will be determined to mean as time progresses under GDPR. In considering the consequences of failure to comply, companies are, or should, also be thinking about whether they can transfer risk, including to insurance, and whether their current insurance policies will do the trick. Many companies now have cyber insurance, but cannot presume that their current cyber policy will protect against GDPR exposures. So, as we welcome in GDPR, the internal corporate conversation should include discussion of whether existing cyber policies are enough, or what needs to be done to fortify insurance protection against unknown future GDPR financial exposures.

Things to consider now: Continue reading “GDPR Is Finally Here: It’s Time to Make Sure Your Current Cyber Policy Will Protect against New Financial Exposures”

Insurance Can Reduce the Financial Repercussions to Your Supply Chain of Superstorms, Wildfires, Climate Change, and Global Economic Disruptions

Welcome to “California Corner,” dedicated to posts authored by our new team of Insurance Recovery attorneys based in our Los Angeles office. Partner Linda Kornfeld, who serves as vice chair of the Insurance Recovery group, Partner David Thomas and Of Counsel Julia Holt focus on national and California-specific issues, including property and weather-related business interruption issues, data breach and privacy issues, and professional liability, asbestos, and environmental liabilities. Their clients include telecommunications companies, universities, real estate developers, manufacturers, and nonprofit organizations around the country. We hope you find their perspectives informative and insightful!

Linda Kornfeld, David Thomas, and Julia Holt

Many companies in today’s global economy are dependent upon the efficient and disruption-free operation of their multinational supply chains. Unfortunately, such supply chains are vulnerable to numerous physical and non-physical elements, including natural disasters, information technology failures, cyberattacks, pandemics, climate change, and civil and political unrest. These vulnerabilities can, and often do, result in the disruption of business operations resulting in significant financial losses. Continue reading “Insurance Can Reduce the Financial Repercussions to Your Supply Chain of Superstorms, Wildfires, Climate Change, and Global Economic Disruptions”

Category: Linda Kornfeld

Winter Storm Resources

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