Emerging Issues

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Texas Supreme Court to Address Contractor Challenge To Public Adjuster Law

The Texas Supreme Court is presently considering the constitutionality of the State’s public adjuster law, which prevents contractors from advertising themselves as able to assist the public with negotiating an insurance claim without first obtaining a public adjuster license.  The case is Texas Department of Insurance v. Stonewater Roofing Ltd. A public adjuster is hired …

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The Role of Artificial Intelligence in the Legal Practice

The legal practice is always playing catch up with the latest technology—the most recent example of this enduring game of cat-and-mouse is ChatGPT, an artificial intelligence tool that launched in November 2022. The use of ChatGPT in the legal industry recently came to a head, when two lawyers in the U.S. District Court for the …

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Ohio Supreme Court Holds Ransomware Attack Does Not Cause Direct Physical Loss

This week, in EMOI Services, LLC v. Owners Insurance Company, the Ohio Supreme Court held that a ransomware attack on a medical billing company did not cause direct physical loss of or damage to software, where the company’s computer equipment remained unharmed.  The Court further explained that the computer software does not have a material …

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Can cryptocurrency suffer direct physical loss?

Cryptocurrency, such as Bitcoin, Ethereum and Litecoin, is a digital or virtual currency.  Unlike traditional currency, cryptocurrency does not have any tangible existence, but rather exists purely as digital entries in an online database.  Given the relatively recent development of cryptocurrency, few courts have had occasion to address application of property insurance coverage principles to …

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Cryptocurrency Complications in the Property Insurance Context

Cryptocurrency, such as Bitcoin, Ethereum and Litecoin, is a digital or virtual currency that is secured by cryptography. A distinct feature of cryptocurrency is that it is not issued by any central authority, such as a bank. Instead, internet users help maintain and manage the value of cryptocurrencies.  Cryptocurrency does not have any tangible existence, …

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