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Adrian Rohrer and David Koury Obtain Illinois Appellate Court Victory in E&O Coverage Case

August 2025 | Category: Recent Successes

BatesCarey successfully obtained affirmance of summary judgment on behalf of Lloyd’s of London in a professional liability dispute, where the appellate court upheld the application of the E&O policy’s cyber event exclusion. The court concluded that coverage was barred because the hacking incident constituted the originating event from which all contributing causes of the loss stemmed, and it further held that Lloyd’s of London was allowed to consider an earlier statement by the insured regarding the details of the hacking incident as extrinsic evidence with respect to its alleged duty to defend.

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Over $1 Billion in Opioid Liabilities Not Covered as “Unbranded Marketing” Claims Fall Within PCOH

March 2025 | Category: Recent Successes

On March 10, 2025 the Circuit Court for the County of St. Louis, Missouri found that BatesCarey’s clients, Aspen Insurance UK Ltd. and Old Colony State Insurance Company, owe no coverage for over $1 billion in opioid liabilities faced by one of the nation’s largest opioid manufacturers, Mallinckrodt, given that Mallinckrodt’s “unbranded marketing” that promoted the use of opioids without naming any specific product, is still conduct that falls within the policies’ product completed operations hazard provisions, which preclude coverage for such claims.

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