As generative artificial intelligence (gen AI) becomes embedded in day-to-day commercial operations across virtually every sector, businesses are confronting a parallel rise in litigation and regulatory risk tied to AI...more
A summary of the important professional liability topics by our expert team members for the first quarter. USPS POSTMARK PROCEDURE CHANGE- The U.S. Postal Service has implemented a significant operational change that...more
The Superior Court of Connecticut, applying Connecticut law, has held that the question of whether a professional liability policy’s prior knowledge exclusion barred coverage for a malpractice action is an issue for the trier...more
With the bellwether social media addiction trials wrapping up in Los Angeles, we thought a good place to start this month’s update is with a coverage decision out of Delaware (where Meta is based) on whether Meta’s insurers...more
Over the past year, federal and state courts across the U.S. have continued to reshape the landscape of professional liability insurance. From high-stakes coverage battles to nuanced interpretations of policy language, 2025...more
It was a busy month for courts on insurance issues. We begin in Illinois. If an insured has a permit that authorizes a certain level of emissions, are those emissions pollutants for purposes of a pollution exclusion? The...more
In a February 10, 2026 Order, Judge F. Dennis Saylor IV granted Plaintiff-Insured’s Motion for Judgment on the Pleadings, finding that Mount Vernon had a duty to defend a copyright infringement claim brought against the real...more
Hinshaw’s Annual Legal Malpractice & Risk Management (LMRM) Conference is the industry’s gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,...more
In August 2025, the Building and Construction Minister announced a major overhaul of the building consent system under the Building Act 2004 (New Zealand) (Act) – the most significant reform since the Act’s enactment. The...more
I am delighted to introduce the latest edition of our Insurance & Professional Risks Annual Review which explores the key decisions and developments impacting the insurance sector from 2025. The Review provides an overview of...more
In autumn of 2025, the English High Court decided that liquidators have unlimited personal exposure: they cannot contractually limit or exclude their personal liability for breach of duty. An application for permission to...more
Claims-made policies have automatic extended reporting periods that last for a stated amount of time. But those extensions end if the insured purchases a new policy. What if the new policy does not cover the claim? Is the...more
In a favorable decision for policyholders, on January 5, 2026, the Delaware Superior Court held that a Civil Investigative Demand (“CID”) issued by the Department of Justice (“DOJ”) met the definition of a “Claim” (not merely...more
Last year, we reported on a California State Bar initiative to expunge attorney discipline records, other than disbarment, after eight years. See Legal Updates for Lawyers’ Professional Liability – February 2025. The proposed...more
Most of us have a process for closing out the old year and starting the new one. It’s natural to turn the page when starting a new year because it matches our biorhythms. Originally Published in The Daily Record - January...more
The U.S. District Court for the Southern District of Illinois, applying Illinois law, has held that there is no coverage under a claims-made policy for a claim made during the policy period but reported after the policy...more
Insurers often rely on introductory phrases in exclusions, such as the phrase “relating to,” to expand the scope of exclusions beyond all reasonable bounds. The Eleventh Circuit recently reaffirmed that insurance exclusions —...more
The U.S. District Court for the Northern District of Illinois, applying Illinois law, denied an insured’s motion to stay an insurer’s declaratory judgment action seeking a declaration that it owed no duty to defend. Landmark...more
The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that an insurer was not liable as garnishee in a claimant’s proceeding to collect a default judgment against an...more
For real estate practitioners, this might be the most important client alert you read this year. Imagine this scenario: you are a real estate closing attorney who has received the funds necessary to pay off a seller’s...more
To help understand the evolving landscape of medical malpractice, we spoke with the claims management team at Curi, a leader in health care risk and insurance solutions. They offer valuable insights into the complex factors...more
lAs AI use increases in current business operations, insurers are racing to define their risk appetite for this rapidly evolving exposure. Over the past year, several carriers have introduced exclusions and endorsements...more
Effective January 1, 2026, a new law — Assembly Bill 1501 — will amend Section 3516 of the California Business and Professions Code to allow physicians to supervise up to eight physician assistants (PAs) at any one time in...more
The United States Court of Appeals for the Eleventh Circuit, applying Georgia law, has held that a single lawsuit constitutes multiple “claims” and some of those “claims” fell outside the misappropriation exclusion in a...more
The U.S. District Court for the Eastern District of New York, applying California law, held that an insured financial services company was not entitled to coverage under its professional liability policy for a client’s claim...more