Bessie Daschbach—Hinshaw partner and head of the firm's multi-disciplinary Environmental, Social, and Governance (ESG) team—joins host Scott Seaman for a discussion on the basics of ESG. This is the first of two episodes...more
After a brief abatement due to pandemic-related litigation delays and court closures, social inflation returned with a vengeance replete with numerous nuclear jury verdicts. Although a case in any state is capable of...more
2/28/2023
/ Commercial General Liability Policies ,
Corporate Counsel ,
D&O Insurance ,
DE Supreme Court ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
General Data Protection Regulation (GDPR) ,
Insurance Industry ,
Insurance Litigation ,
PFAS ,
Popular
This White Paper takes a comprehensive look at social inflation, identifying the causes, scope, and costs of social inflation. It also examines the risks and challenges insurers and their policyholders confront as a result...more
The Ohio Supreme Court waited until the last week of the year to issue what may be the most important silent coverage decision of 2022. Direct physical injury is a fundamental requirement of first-party property policies. The...more
In the third and final episode of our three-part series on cybersecurity, we discuss ransomware and the legal issues surrounding paying a ransom. In this episode, we cover: how companies have become better prepared,...more
In the second episode of a three-part series focusing on cybersecurity, we discuss the recent spike in cyber negligence cases. In this episode, we cover causes of action and types of cyber negligence cases, why these cases...more
Scott Seaman—Chicago-based partner and co-chair of Hinshaw's global Insurance Services Practice Group—hosts Hinshaw partner Annmarie Giblin in a discussion about data security plans for businesses and data breach...more
Preferred Contractors Insurance Company Risk Retention Group, LLC v. Baker and Son Construction, Inc., 2022 Wash. LEXIS 426 ( Aug. 11, 2022) -
Traditionally, general liability insurance contracts were “occurrence-based”...more
Insurers and their corporate policyholders have been confronting social inflation since the 1970s. Social inflation, which is the increasing cost of defending and resolving claims, had been raging on—with various ebbs and...more
We have written extensively about environmental, social, and governance ("ESG") otherwise known as sustainability, and its impact on insurers and their policyholders. We have pointed out how ESG has impacted insurers qua...more
7/8/2022
/ Biden Administration ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Commercial General Liability Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Insurance Industry ,
Regulatory Authority ,
SCOTUS ,
West Virginia v EPA
The issuance of various governmental orders requiring businesses to temporarily modify or close their operations during the COVID-19 pandemic led to an immediate avalanche of claims and lawsuits involving first-party...more
7/1/2022
/ Business Interruption ,
Commercial Insurance Policies ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Insurance Claims ,
Insurance Industry ,
Multidistrict Litigation ,
Policy Exclusions ,
Popular ,
Putative Class Actions
Scott Seaman—Chicago-based partner and co-chair of Hinshaw's Global Insurance Services Practice Group—hosts Miami-based Hinshaw partner Daniel Shatz in a discussion about new Florida legislation, which aims to address the...more
6/23/2022
/ Attorney's Fees ,
Bad Faith ,
Contingency Fees ,
Deductibles ,
First-Party Coverage ,
Florida ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
New Legislation ,
Property Insurance
The grip of the "all of government" approach to sustainability continues to tighten. Via a May 5, 2022 memorandum from the Associate Attorney General of the United States, the Department of Justice (DOJ) and the U.S....more
On March 22, 2022, the Supreme Court of New York Appellate Division, First Department reversed a trial court order which had held an insurer—ordered to accept service on behalf of a defunct policyholder—was liable for the...more
As we approach the end of the first quarter of 2022, things are still looking good for insurers in the COVID-19 coverage litigation battle.
The issuance of various governmental orders requiring businesses to temporarily...more
In a highly anticipated decision delivered on March 14, 2022, the Colorado Supreme Court rejected a policyholder's attempt to hold an insurance director personally liable under sections 10-3-1115 to -1116, C.R.S. (2021) for...more
This is the seventh and final installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry.
Some key decisions impacting the D&O and securities law...more
This is the sixth installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry.
Lead Paint -
Coverage issues relating to the $400...more
3/15/2022
/ Commercial General Liability Policies ,
Insurance Industry ,
Insurance Litigation ,
Lead Paint ,
Long-Tail Claims ,
Opioid ,
Pharmaceutical Industry ,
Professional Liability ,
Professional Liability Insurance ,
Public Nuisance ,
Sexual Abuse
Cyber Security And Privacy Insurance Claims -
This is the fifth installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry.
To date, the vast...more
On February 25, 2022, a split panel of the Court of Appeals for the Seventh Circuit issued a decision on D&O coverage for the Nassar USAG sexual assault claims. The lengthy opinion is worth reading in its entirety, but we...more
Civil Unrest, Riots, And Strikes -
This is the fourth installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry.
Many commentators have...more
On February 11, 2022, the Texas Supreme Court handed the insurance industry an overall victory in an inter-insurer dispute by recognizing an exception to the "eight corners rule" permitting insurers to rely upon extrinsic...more
COVID-19 Business Interruption Coverage Litigation -
This is the third installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. The issuance...more
2/15/2022
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms ,
Property Insurance
Social Inflation -
This is the second installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry.
Social inflation continues to be a major...more
Environmental, Social, and Governance (ESG) -
These are challenging times for insurers, policyholders, and reinsurers. In the coming days, we will review—in a series of articles—some of the key trends and developments...more
2/11/2022
/ Artificial Intelligence ,
Business Strategies ,
Customers ,
D&O Insurance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Insurance Industry ,
Popular ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Sustainability ,
Sustainable Business Practices