The Duty to Cooperate Under a Liability Policy
Best Practices for Negotiating Manuscript Exclusions
AGG Talks: Healthcare Insights - Episode 1: A Primer for Providers When Insurance Companies Refuse to Pay
D&O Insurance Myths (Part 2)
The Standard Formula Podcast | Understanding Insurance Resolution Regimes
Still Looking: How to Find Those Missing Policies Covering Long Tail Liabilities
Jeremy Levy on Recent RWI Challenges and Near-term Outlook
Protect Your Construction Project: Top 10 Insurance Provisions to Know
Filing Insurance Claims After the Texas Winter Storm
Lowenstein’s New Insurance Recovery Podcast Series, “Don’t Take No for an Answer”
JONES DAY TALKS®: COVID-19 and Business Insurance
Cyber Insurance 101: What It Is And Why You Need It
In Potovsky v. Lincoln Benefit Life Co., the Ninth Circuit Court of Appeals affirmed the dismissal of the insureds’ complaint for failure to sufficiently allege damages regarding the denial of a long-term care claim....more
An insured who purchased insurance specifically for privacy injury liability was recently forced to sue its insurer after it denied coverage. The insured allegedly “installed web beacons and cookies on its platforms so that...more
A Delaware court recently found for the policyholders in determining that a directors and officers (D&O) liability policy covered the settlement of an underlying action alleging violations of the Securities Exchange Act of...more
This alert begins our series discussing legal issues related to the Southern California wildfires. We will continue to provide updates as more information becomes available. Due to the high risk of wildfires in California,...more
The United States District Court for the District of Kansas, applying Kansas law, has held that an insured is not entitled to coverage under a claims-made-and-reported policy because the tendered class action counterclaim was...more
In a market known for volatility, public company D&O (directors & officers) insurance has certainly lived up to its reputation in recent years—pricing has been on a roller coaster, fluctuating between skyrocketing increases...more
Welcome to the inaugural issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, the California Supreme Court covers COVID-19 claims, Georgia...more
The close of 2023 solidified trends in established class action theories and provided a glimpse of new theories to come. In the auto total loss valuation sphere, one that has seen a lot of action for many years,...more
Insurance and reinsurance companies engaged in complex disputes need counsel who understand the impact of litigation on their bottom line. Shook, Hardy & Bacon insurance attorneys have earned a reputation as one of the...more
This robust report summarizes two quarters of activity in property and casualty claims class actions. Much has occurred in class actions asserting traditional theories, like labor depreciation and total loss claims, but also...more
This year began like the last one ended, with lots of activity. Total loss class actions kept going around the country, and labor depreciation class actions experienced ups and downs, depending on one’s viewpoint. New class...more
Numerous class action suits have been filed against auto insurers regarding the valuation of vehicles that are total losses. These cases typically allege that insurers are undervaluing vehicles in some common way or in...more
Property and casualty class action activity has continued at a fast clip so far this year. More of the same claims – total loss, tag, tax and title, labor depreciation, diminished value, and medical payments – all garnered...more
On November 15, 2021, the U.S. Court of Appeals for the Eleventh Circuit affirmed dismissal of a putative cost-of-insurance (“COI”) rate class action in Anderson v. Wilco Life Insurance Company — a victory for life...more
In a recent decision, the Delaware Supreme Court ruled that insuring against fraud does not per se violate Delaware public policy and held that the insured’s D&O policy covered claims alleging securities fraud. RSUI Indemnity...more
In the early days of the COVID-19 pandemic, dozens of class action lawsuits were filed across a variety of industries in the United States – with theories of liability ranging from hand sanitizer false-labeling allegations,...more
On April 20, 2020, two policyholders involved in Covid-19 class action suits filed the first motion with the Judicial Panel on Multidistrict Litigation (MDL) asking for the transfer and coordination or consolidation of two...more
This week, a Miami Beach beauty salon owner initiated a class action lawsuit against its insurer for failing to pay for losses and expenses caused by the suspension of its business due to the COVID-19 outbreak....more
Over the last few weeks, a tsunami of lawsuits has been filed in many states alleging a variety of issues related to the global COVID-19 pandemic....more
Coronaviruses represent a large family of viruses that can cause respiratory illnesses. The 2003 Severe Acute Respiratory Syndrome (SARS) epidemic in China represented the first severe virus that resulted from a coronavirus,...more
Two companion amendments to the California insurance law have received increased attention from the plaintiffs’ bar recently. On January 1, 2013, sections 10113.71 and 10113.72 were enacted to amend the California Insurance...more
Companies should be careful about changing their refund / cancellation policy, or not honoring their pre-COVID-19 policy. Following the outbreak of COVID-19, many companies in the hospitality industry changed their...more
Now is the time for policyholders to review their D&O policies. The global adverse economic impacts of the coronavirus pandemic and resulting stock market instability likely will lead to an uptick in securities class action...more
A recent decision by a Washington federal district court caught my eye because it involved a circumstance I often see—a new development in the law results in a class action lawsuit being filed before the defendant has an...more
No Recovery for Paying Premiums in Excess of Policy Face Amount - Since we last reported on Goostree v. Liberty National Life Insurance Co. in the October 2019 issue of Expect Focus — Life, Annuity, and Retirement Solutions,...more