Gilbert LLP

1100 New York Avenue, NW Suite 700
Washington, D.C. 20005, United States

Contact: Ellen Katkin

  • 202.772.1960
  • 202.772.3333

Cyber breach insurance: What, me worry? - Part of counsel’s job may be to ensure that the department in the company that “owns” the cyber liability portfolio is aware of all the departments where an event could trigger that coverage.

One of us recently asked an in-house counsel friend in charge of litigation for a major company what questions he had about cyber insurance. His response, besides a blank look, was “I’m sure someone else in the company worries…more

Corporate Counsel, Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach

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Washington Nationals Suit Highlights Value of Commercial Crime Insurance

A recent lawsuit by the Washington Nationals (the “Nationals”) against its insurance carrier related to the team’s hiring of a player based on false information about his age and identity highlights the importance to sports…more

Commercial General Liability Policies, Fraud, Misrepresentation, Theft

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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…more

Discharge of Pollutants, Remediation, Waivers

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Seeking (and Finding) Coverage for Proposition 65 Claims

Navigating California’s Safe Drinking Water and Toxic Enforcement Act of 1986—better known as Proposition 65—is becoming an increasingly difficult endeavor for California-based companies and companies that do business in…more

Commercial General Liability Policies, Commercial Insurance Policies, D&O Insurance, Proposition 65

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Rise in Food Contamination Calls for Proactive Risk Management in 2013

Despite improvements in food safety over the last two decades, 2012 saw no shortage of recalls due to food contamination. For example, one Indiana farm recalled all cantaloupes from its 2012 growing season after the fruit was…more

Food Contamination, Food Manufacturers, Food Safety, Product Recalls, Risk Assessment

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Redbox Covers the Nation with Red Box DVD Rental Units, But its CGL Policy Doesn’t Cover Redbox

Companies facing liability for possible violations of privacy protection statutes are continuing to look to their traditional commercial general liability policies (“CGL”) for coverage. But, as Redbox recently discovered,…more

Advertising Injury, Commercial General Liability Policies, Redbox, Video Privacy Protection Act

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$2.9 Million Jury Award For Texas Fracking Claim: Lessons for Energy Company Risk Managers

A jury in Dallas recently awarded $2.9 million to a Texas family in one of the first trials involving allegations that hydraulic fracturing caused nearby residents to suffer health problems and property damage. Although…more

Aruba Petroleum, Barnett Shale, Bodily Injury, Energy, Fracking

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Seeking (and Finding) Coverage for Proposition 65 Claims

Navigating California’s Safe Drinking Water and Toxic Enforcement Act of 1986—better known as Proposition 65—is becoming an increasingly difficult endeavor for California-based companies and companies that do business in…more

Commercial General Liability Policies, Commercial Insurance Policies, D&O Insurance, Proposition 65

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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…more

Discharge of Pollutants, Remediation, Waivers

See All Updates »

Cyber breach insurance: What, me worry? - Part of counsel’s job may be to ensure that the department in the company that “owns” the cyber liability portfolio is aware of all the departments where an event could trigger that coverage.

One of us recently asked an in-house counsel friend in charge of litigation for a major company what questions he had about cyber insurance. His response, besides a blank look, was “I’m sure someone else in the company worries…more

Corporate Counsel, Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach

See All Updates »

Delaware Decision Makes It Increasingly Difficult for Insurers to Evade Coverage for Dissolved Corporations

Can an injured plaintiff obtain compensation from a dissolved company with unexhausted insurance policies and force the insurer to pay? The Delaware Supreme Court says yes—in certain circumstances. Originally published in…more

Asbestos, Asbestos Litigation, Corporate Dissolution, Dissolution, Long-Tail Claims

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The False Conception That FCA Claims Are Not Covered

In 2013, the United States Department of Justice recovered $3.8 billion under the False Claims Act (“FCA”), bringing the total amount secured by the Justice Department since 2009 to $17 billion. Whistleblowers recovered another…more

D&O Insurance, DOJ, E&O Insurance, FCA, Hospitals

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Direct Physical Loss At Sea: Should Cruise Ship Companies Expect Coverage For Contamination-Related Property Damage?

The last few years have not been particularly kind to the cruise ship industry. In January 2012, thirty-two passengers were killed when the Costa Concordia capsized off the coast of Tuscany after striking a rocky shoal. In…more

Cruise Ships, Hospitality Industry, Property Insurance

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Recent Ruling Highlights Inconsistent Conclusions Regarding Number of Occurrences by Courts Applying the “Cause” Test

It’s a disturbingly common situation. A youth gets access to the family gun and, accidentally or otherwise, kills or injures one or more people. The victims (or their survivors) sue the family of the shooter, arguing that…more

Assault with a Deadly Weapon, Bodily Injury, Illegal Gun Possession, Number of Occurences, Occurrence

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Recent Ruling Highlights Inconsistent Conclusions Regarding Number of Occurrences by Courts Applying the “Cause” Test

It’s a disturbingly common situation. A youth gets access to the family gun and, accidentally or otherwise, kills or injures one or more people. The victims (or their survivors) sue the family of the shooter, arguing that…more

Assault with a Deadly Weapon, Bodily Injury, Illegal Gun Possession, Number of Occurences, Occurrence

See All Updates »

Delaware Decision Makes It Increasingly Difficult for Insurers to Evade Coverage for Dissolved Corporations

Can an injured plaintiff obtain compensation from a dissolved company with unexhausted insurance policies and force the insurer to pay? The Delaware Supreme Court says yes—in certain circumstances. Originally published in…more

Asbestos, Asbestos Litigation, Corporate Dissolution, Dissolution, Long-Tail Claims

See All Updates »

$2.9 Million Jury Award For Texas Fracking Claim: Lessons for Energy Company Risk Managers

A jury in Dallas recently awarded $2.9 million to a Texas family in one of the first trials involving allegations that hydraulic fracturing caused nearby residents to suffer health problems and property damage. Although…more

Aruba Petroleum, Barnett Shale, Bodily Injury, Energy, Fracking

See All Updates »

What Do You Get When You Cross March Madness With Insurance?

A chance to win one billion dollars. Quicken Loans and Berkshire Hathaway recently announced that they are teaming up to award one billion dollars to be shared by persons who correctly predict the winners of every game in this…more

Basketball, Berkshire Hathaway, Contests & Promotions, Quicken Loans

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Insurance by Number

Jurist and law professor Richard Posner recently commented on a common problem among lawyers, namely, that they believe they have a “math block.” Jackson v. Pollion, 733 F.3d 786, 788 (7th Cir. 2013). More recently, Judge and…more

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Four Tricks That Make Mediation Work

If your business finds itself engaged in litigation, chances are that the dispute will be resolved in a conference room rather than a courtroom. Most lawsuits settle before judgment, and increasingly litigants are turning to…more

Mediation

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Direct Physical Loss At Sea: Should Cruise Ship Companies Expect Coverage For Contamination-Related Property Damage?

The last few years have not been particularly kind to the cruise ship industry. In January 2012, thirty-two passengers were killed when the Costa Concordia capsized off the coast of Tuscany after striking a rocky shoal. In…more

Cruise Ships, Hospitality Industry, Property Insurance

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The Increasingly Visible Hand of the Reinsurer in Insurance Coverage Disputes

The parties to a mass tort insurance coverage dispute have never been the only ones with a significant interest in its outcome. Direct insurers have relied on reinsurers to spread their own risk. In the past, in cases where a…more

Insureds, Insurers, Reinsurance, Scope of Coverage

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Show Your Work!—The Ninth Circuit Affirms That Courts Must Explain the Math Behind the Calculation of Attorneys’ Fees

It’s an often-repeated adage of high school math teachers: show your work. In three decisions in 2013, the Ninth Circuit has demonstrated that Courts must follow this principle in calculating awards of attorneys’ fees…more

Attorney's Fees, Billable Hours, Fee Awards, Litigation Fees & Costs, Litigation Insurance

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Gilbert LLP Convinces Sixth Circuit to Rule in Favor of Asbestos-Containing product Manufacturer-Policyholders

Comprehensive general liability policies limit the amount the insurer has to pay for each “occurrence”, which is typically defined as an “accident” or “exposure to [injurious] conditions”. Insurers and policyholders frequently…more

Asbestos, Liability Insurance, Manufacturers, Number of Occurences

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How Insurance Works with Labeling and Duty-to-Warn Lawsuits

Food processors can use existing and new insurance policies in cases involving alleged violations of Prop 65 - Labeling and duty-to-warn cases continue to emerge as a key area of risk for food and beverage companies. In…more

Commercial General Liability Policies, Duty to Warn, Food Labeling

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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Debtor/Creditor
  • Insurance
  • Litigation
  • Products Liability
  • Toxic Torts
Locations
Other U.S. Locations
  • D.C.
Number of Attorneys

25-50 Attorneys

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