Per- and poly-fluoroalkyl substances ("PFAS") represent major exposures to insurers and their policyholders. Thousands of lawsuits are pending nationwide, and numerous large settlements have already been reached. Insurers are...more
11/15/2024
/ Choice-of-Law ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Forum Selection ,
Insurance Claims ,
PFAS ,
Policy Terms ,
Pollution Exclusion ,
Popular ,
Public Health ,
Toxic Chemicals ,
Toxic Exposure
The results of the November 5, 2024, election in the United States will almost certainly have profound consequences within the country and across the globe. The election will surely impact policyholder exposures, insurer...more
On June 6, 2024, the United States Supreme Court issued its decision on an insurer’s standing in its policyholders’ Chapter 11 bankruptcy proceeding in Truck Exchange v. Kaiser Gypsum Co., 144 S. Ct. 1414 (2024). The decision...more
10/29/2024
/ Article III ,
Asbestos ,
Bankruptcy Code ,
Bankruptcy Court ,
Bodily Injury ,
Chapter 11 ,
Commercial Bankruptcy ,
Commercial Insurance Policies ,
Duty to Defend ,
Harrington v Purdue Pharma L P ,
Insurance Regulations ,
Popular ,
Purdue Pharma ,
Real Party in Interest ,
Reorganizations ,
SCOTUS ,
Standing ,
Truck Insurance Exchange v Kaiser Gypsum Company Inc
In a trilogy of cases decided at the end of this term, the United States Supreme Court made significant changes to the administrative law terrain by: eliminating Chevron deference....more
7/11/2024
/ Administrative Authority ,
Administrative Procedure Act ,
Administrative Proceedings ,
Chevron Deference ,
Chevron v NRDC ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Environmental Social & Governance (ESG) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Popular ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Seventh Amendment ,
Statute of Limitations ,
Statutory Authority ,
Statutory Interpretation
Per and polyfluoroalkyl substances (PFAS) represent major exposures to insurers and their policyholders. Thousands of lawsuits are pending nationwide and several large settlements have already been reached. Insurers are...more
8/30/2023
/ Asbestos ,
Centers for Disease Control and Prevention (CDC) ,
CERCLA ,
Coronavirus/COVID-19 ,
D&O Insurance ,
Environmental Protection Agency (EPA) ,
Insurance Industry ,
Insurer Liability ,
Motion for Summary Judgment ,
PFAS ,
Pollution Exclusion ,
Popular ,
Settlement
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
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
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
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
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
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
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
A federal district court in Dallas, Texas has held that an insured's commercial crime policies were not triggered by a $6 million phishing loss where the insured did not "hold" the stolen funds. The case is RealPage Inc. v....more
A New Jersey federal district court held last week that losses arising out of a phishing scam were not covered under a bank's Financial Institutions Bond. In Crown Bank JJR Holding Co. v. Great Am. Ins. Co., 2020 U.S. Dist....more
2/18/2020
/ Banks ,
Corporate Counsel ,
Cybersecurity ,
Denial of Insurance Coverage ,
Financial Institutions ,
Fraudulent Wire Transfers ,
Hackers ,
Insurance Claims ,
Insurance Litigation ,
Phishing Scams ,
Popular ,
Spoofing