Jenna A. Hudson, Associate

Blog

http://wevegotyoucoveredblog.com/

Recent Blog Posts

  • Website Immunity Under the Communications Decency Act To encourage the growth of the internet, the Communications Decency Act immunizes companies that host content from liability for that content. However, recent caselaw confirms that this immunity is not boundless. Accordingly, counsel for both website operators and those seeking redress for website content should keep an eye on how the caselaw in this area continues to develop. The Communications Decency Act distinguishes between “information content provider[s],” which create or develop website content, and “interactive computer service[s],” which provide or enable... More
  • There is No Need To Be Alarmed By Alarmist Readings of New York’s Most Recent Ruling On Waiver of Notice Defenses The New York Court of Appeals recently reversed and remanded a lower court’s ruling that insurers had waived their late notice defense by not raising the defense until years after they first received notice of a pollution remediation claim.  Although some have interpreted this decision as a near-death knell to coverage for pollution remediation claims with potential notice issues in New York, the situation is not nearly that dire. In KeySpan Gas East Corp. v. Munich Reinsurance America, Inc., 2014 WL... More
  • Despite Often Presumed Limitations, Policyholders May Have General Liability Coverage for Supply Chain-Related Breaches of Contract and Damages That Result in Recall The Eighth Circuit recently confirmed that the all-too-common conceptions that breaches of contract and damages that result in recall are never covered by general liability insurance are, in fact, misconceptions. In Netherlands Insurance Co. v. Main Street Ingredients, LLC, 2014 WL 1012793 (8th Cir. Mar. 18, 2014), the policyholder, Main Street Ingredients, LLC (“Main Street”) had purchased dried milk from Plainview Milk Products Cooperative (“Plainview”) and sold it to Malt-O-Meal Company (“Malt-O-Meal”) for Malt-O-Meal to incorporate into its instant oatmeal product. ... More
  • Insurers Cannot Avoid Coverage Obligations Based on a “Technicality” The Colorado Court of Appeals recently reiterated that insurers cannot escape their coverage obligations based on “technicalit[ies]” that do not prejudice the insurer.  See Stresscon Corp. v. Travelers Prop. Cas. Co. of Am., 2013 COA 131, Nos. 11CA1239 & 11CA1582 (Colo. App. Sept. 12, 2013).  Such “technicalit[ies]” long have included a policyholder’s failure to notify its insurer of a claim against it, and a policyholder’s failure to seek its insurer’s consent to settle a lawsuit against it.  Colorado now has... More
  • Risk-Management Mechanisms Associated With Gluten Allergies Approximately 1% of the United States population is allergic to gluten, a protein found in wheat, barley, and rye.  For these individuals, gluten consumption may result in vomiting, bloating, anemia, osteoporosis, diabetes, and even intestinal cancer.  As more consumers discover that they have gluten allergies, they have become more mindful of which foods are naturally gluten-free and which products are marketed as being gluten-free, and many food manufacturers thus have increased their range of gluten-free products. Despite a food manufacturer or... More