In this article by BatesCarey's Opioid Coverage Task Force, Adam H. Fleischer and R. Patrick Bedell look at the Senate's proposed healthcare bill, the impact on the opioid crisis, and the potential impact on insurers.

In this article by Adam H. Fleischer, the Chairperson of BatesCarey's Opioid Coverage Task Force, we examine the potential impact on insurers of new efforts by the State of Tennessee and a national group of attorneys general to target the prescription opioid industry.

This article explores these three excess of policy limits situations, problematic jurisdictions, and options insurers should consider in order to guard against excess of policy limits exposure.

Absolute pollution exclusions are intended to exclude coverage for virtually all pollution-related claims under commercial general liability insurance policies. However, jurisdictions across the country have varied in their treatment of these exclusions, with some jurisdictions applying  the exclusion only to instances of “traditional” environmental pollution while others apply a broader, literal interpretation of the exclusion.

Jason P. Minkin and Jonathan A. Cipriani have published an article in the Tulane Maritime Law Journal entitled Guam Federal Court Shows Deference to International Arbitration Agreement in P&I Club Rules.  The article discusses a recent court decision enforcing a Norway arbitration clause against the wife of a deceased Jones Act seaman who sought to enforce a judgment against...

BatesCarey launched its Admiralty and Maritime practice in May, led by Jason P. Minkin, Jonathan A. Cipriani and Nicole M. Gallagher.

Jason P. Minkin and Jonathan A. Cipriani have published an article in Superyacht News entitled The Duty of Procuring a Superyacht’s Insurance Policy.  The article discusses a recent court decision analyzing when a marine insurance broker owes heightened duties to a client in procuring insurance.

The U.S. Customs and Border Protection (“CBP”) proposed plans to tighten the Jones Act shipping rules by preventing foreign vessels from carrying equipment used in offshore operations.  However, on May 10, 2017, CBP announced it was formally withdrawing the proposed plans, which was well received by many in the intra-coastal shipping industry who would have been impacted by the new rules.

The article discusses how arbitration and service of suit clauses co-exist in harmony in the same agreement, as the arbitration clause provides a choice of forum for resolving disputes under the contract, whereas the service of suit clause requires a party to consent to the jurisdiction to enforce an arbitration award.

Jason P. Minkin and Jonathan A. Cipriani have published an article in Marine Insight discussing proposed legislation that, among other things, would allow non-dependent family members of passengers who perish at sea to sue to recover damages that were not previously available to them, such as damages for loss of care, comfort, and companionship.