Electronic Medical Records: Help or Hindrance?
Variables Affecting Medical PL Settlement Values
Technology in Healthcare
Prior & Pending Litigation
Nowotny on Private Placement Group Variable Deferred Annuity Contracts for Tax Exempt and Foreign Investors
Nowotny on Private Placement Variable Deferred Annuities
The Intersection of Cyber and D&O Coverage
Nowotny on Private Placement Life Insurance
Is Private/Non-Profit D&O Coverage Under Priced?
Halliburton: Good for the Plaintiffs’ Bar?
D&O in Brazil and Latin America
Regan Miller, RPLU on Cyber Risk
Jeffrey Koonankeil on How the EPL Landscape is Changing
Reservation of Rights and the Insurer
Insurance Companies and the Attorney-Client Privilege in Arizona
The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies
The TCPA: Basics, Targeted Industries, and Trends
Insights and Strategies on Class Action Litigation from General Counsel and Chief Legal Officers
FCPA Compliance and Ethics Report-Episode 118-the Alstom FCPA Enforcement Action
What is a Damron Agreement?
On May 20, 2015, the California Supreme Court denied Windsor Food Quality Company, Ltd.’s (Windsor’s) petition for review of the decision of the Court of Appeal for the Fourth Appellate District of California that denied...more
Courts have struggled between two approaches on how to allocate damages when multiple, consecutive CGL policies have been triggered in situations involving continuous injury or property damage. The majority approach, pro rata...more
- Sometimes, technology products contain flaws.
- Purchasers may complain to the manufacturer about the flawed products, and some complaints become multi-million dollar liabilities.
- After receiving such a...more
In Dallas National Insurance Co. v. Calitex Corp., —S.W.3d—, 2015 WL 968308 (Tex. App.—Dallas Mar. 3, 2015, no pet. h.), the Dallas Court of Appeals reversed a trial court judgment finding coverage for almost $700,000 in...more
On February 6th, an intermediate level California appellate court held that a product contamination policy only covered contamination that occurs during or after manufacturing operations by the insured, meaning that there was...more
To read the full 2015 Class Action Survey report, please visit ClassActionSurvey.com.
Across industries, companies spent $2 billion on class action lawsuits in 2014, slightly less than the $2.1 billion they spent in 2013....more
New York Federal Court Rejects Insurer’s Request for Recoupment -
Why it matters: The federal court, applying New York law, held that an energy drink manufacturer’s advertising coverage claim—arising from underlying...more
In Windsor Food Quality Company, LTD. v. The Underwriters of Lloyds of London, 2015 Cal. App. LEXIS 195 (Cal. App. Feb. 6, 2015), the California Court of Appeals considered whether an ingredient obtained from a supplier and...more
Recent media reports alleging that certain laminate flooring manufactured in China and distributed in the U.S. contains unsafe levels of formaldehyde may have a familiar and frightening ring to them, particularly for insurers...more
In Windsor Food Quality v. Underwriters of Lloyds, et al. (No. E058324, filed 2/6/15) a California appeals court held that coverage for recall costs would only attach under a Lloyd’s Products Contamination Insurance policy...more
On February 5th in a case involving the recall of over $500,000 worth of oyster products made from Korean shellfish, the Southern District of California held: (1) that the policy’s service of suit clause, which gave the...more
California Court Adopts Broad Interpretation of “Occurrence,” Finds Coverage -
Why it matters: In a victory for policyholders—and a continuation of the trend of courts adopting a broad reading of the term “occurrence”...more
In its recent decision in Ill. Tool Works Inc. v. Travelers Cas. & Sur. Co., 2015 IL App (1st) 132350 (Ill. App. Ct. 1st Dist. 2015), the Appellate Court of Illinois, First District, had occasion to consider whether an...more
In 2008, Windsor Food Quality Company, Ltd. (Windsor) purchased Westland/Hallmark Meat Company’s (Westland’s) ground beef as an ingredient to be used in its José Olé® frozen food products. On January 30, 2008, the U.S....more
In National Union Fire Insurance Co. of Pittsburgh Pa. v. Tokio Marine and Nichido Fire Insurance Co. (filed 2/4/2015, B24899 and B247258), the California Court of Appeal, Second District, held that the insurer of Costco...more
Welcome to our annual “Eye on Insurance”, our round-up of notable developments during 2014, which are relevant to the London insurance and reinsurance markets. This update has been compiled by lawyers in Sedgwick’s London...more
Liberty Mut. Fire Ins. Co. v. JT Walker Indus., Inc., No. 2:08-02043-MBS, 2014 WL 6773517 (D.S.C. Dec. 2, 2014).
The U.S. District Court for the District of South Carolina sets aside a jury’s verdict awarding punitive...more
Last week, the Wisconsin Supreme Court issued two opinions in which it held that pollution exclusions barred coverage for third-party claims resulting from alleged contamination of water due to the seepage of cow manure and...more
This past year brought a number of important insurance decisions in Florida, some favorable to insurers and others that reaffirm the challenges for insurers litigating in Florida.
For example, after a broad statutory...more
On December 19, the U.S. Centers for Disease Control and Prevention (CDC) recommended that U.S. consumers not eat any commercially produced, prepackaged caramel apples and that retailers not sell or serve them as they...more
Texas Appeals Court Upholds $8.7M Verdict for Policyholder Against Broker -
Why it matters:
An appeals court in Texas upheld an $8.7 million jury verdict against a broker that procured coverage with significant...more
In disputes over the scope of liability coverage, courts must often draw a line between (1) providing insurance against errors that harm others and (2) broadly guaranteeing the work product of the insured. The problem is...more
Mine Safety Appliances Company (“MSA”), a safety appliances company, faced a multitude of personal injury claims due to alleged defects in its safety equipment. MSA, in turn, sought costs, including legal fees, costs of...more
Businesses facing catastrophic losses, whether as a result of an accident or a natural disaster, or due to mass tort claims, frequently will engage both their insurance broker and legal counsel to identify and pursue...more
Consumer class action claims are a familiar tool for addressing dissatisfaction with a defective product. Given that one of the goals of a consumer class action claim is to recover damages for the claimants, triggering...more
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