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While much of the discussion around cybersecurity tends to focus on critical information sectors, national security, and the concerns of global corporations, data breaches can be just as devastating for small and medium-sized…more
Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach, Data Protection
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Last week, the U.S. Pharmacopeial Convention (“USP”), a scientific nonprofit that sets standards for food ingredients, medicines and dietary supplements enforceable by the Food and Drug Administration, released an updated “Food…more
Food Contamination, Food Fraud Database, Food Manufacturers, Food Safety, Liability Insurance
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The first quarter of 2013 was among the busiest yet for developments in the use of social media in litigation.
First, courts have continued to weigh in on the extent to which a party can obtain discovery of an opposing…more
Discovery, Evidence, Facebook, Gatto v United Air Lines, Record Preservation
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On January 8, 2013, a Minnesota federal district court granted summary judgment in favor of a policyholder who sought coverage from its commercial general liability insurer for contract damages stemming from the recall of…more
Damages, FDA, Instant Milk, Liability Insurance, Malt-O-Meal
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In the last two months, the United States Supreme Court granted review in two cases involving the limits of federal court jurisdiction over foreign companies: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22,…more
Due Process, Extraterritoriality Rules, Foreign Corporations, Minimum Contacts, Personal Jurisdiction
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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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Insurers frequently attempt to avoid their coverage obligations by contending that their insureds provided late notice of claims or occurrences…more
Insurers, Late Notices, Notice Requirements
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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…more
Additional Insured, Advertising, D&O Policies, E&O Policies, Food Allergies
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In the last two months, the United States Supreme Court granted review in two cases involving the limits of federal court jurisdiction over foreign companies: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22,…more
Due Process, Extraterritoriality Rules, Foreign Corporations, Minimum Contacts, Personal Jurisdiction
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In our August 1, 2012 blog entry titled “Insurance Coverage for Wage and Hour Litigation Claims,” we discussed the recent surge in wage and hour litigation and the potential for insurance coverage related to wage and hour…more
Directors, Employment Practices Liability Coverage, FLSA, Officers, Wage and Hour
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Imagine the following scenario: your company faces thousands of lawsuits because, years ago, it produced a product that people now say is dangerous. As the claims quickly burn through your primary liability coverage, you turn…more
Contract Drafting, Excess Policies, Insurers, Liability Insurance, Non-Cumulation Clause
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Imagine the following scenario: your company faces thousands of lawsuits because, years ago, it produced a product that people now say is dangerous. As the claims quickly burn through your primary liability coverage, you turn…more
Contract Drafting, Excess Policies, Insurers, Liability Insurance, Non-Cumulation Clause
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The first quarter of 2013 was among the busiest yet for developments in the use of social media in litigation.
First, courts have continued to weigh in on the extent to which a party can obtain discovery of an opposing…more
Discovery, Evidence, Facebook, Gatto v United Air Lines, Record Preservation
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See All Updates »
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When we hear news of developments in the world of torts that could expand areas of potential liability, we naturally think about whether insurance is likely to respond to that liability. One area that has us thinking these days…more
Duty to Warn, Insurers, Manufacturers
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In our August 1, 2012 blog entry titled “Insurance Coverage for Wage and Hour Litigation Claims,” we discussed the recent surge in wage and hour litigation and the potential for insurance coverage related to wage and hour…more
Directors, Employment Practices Liability Coverage, FLSA, Officers, Wage and Hour
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When we hear news of developments in the world of torts that could expand areas of potential liability, we naturally think about whether insurance is likely to respond to that liability. One area that has us thinking these days…more
Duty to Warn, Insurers, Manufacturers
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Insurers frequently attempt to avoid their coverage obligations by contending that their insureds provided late notice of claims or occurrences…more
Insurers, Late Notices, Notice Requirements
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While much of the discussion around cybersecurity tends to focus on critical information sectors, national security, and the concerns of global corporations, data breaches can be just as devastating for small and medium-sized…more
Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach, Data Protection
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When we hear news of developments in the world of torts that could expand areas of potential liability, we naturally think about whether insurance is likely to respond to that liability. One area that has us thinking these days…more
Duty to Warn, Insurers, Manufacturers
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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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Imagine for a moment that you have two customers, Diane and George. Diane and George each owe you money for products they have purchased. Each of them raises some concerns about the bill. Being a wise business owner, you assess…more
Excess Policies, Insurers, Qualcomm v Certain Underwriters at Lloyd's, Settlement
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