Ommid C. Farashahi will be speaking at a panel discussion at the 13th Annual D&O Insurance ExecuSummit in Uncasville, Connecticut on May 16th and 17th, 2017.   The ExecuSummit is an educational event specifically designed for Directors and Officers Liability Insurance professional.  The summit provides a unique opportunity to obtain information needed in this rapidly changing...

Kari A. Timm is a panelist for “The Impact of Cyber Terrorism on the Insurance Process: What Is It, How Do You Recognize It, and What Impact Does It Have on the Lifecycle of Insurance?” at the 2016 CLM Cyber Liability Summit.  The summit will be held on October 5, 2016 at the Sheraton New York Times Square Hotel in New York, New York. The Claims and Litigation Management...

Jason P. Minkin and Dominic Spinelli highlight four recent professional liability decisions. The topics addressed are: whether breach of contract and wage and hour claims allege injury arising out of “any negligent act, error or omission” necessary to trigger employee benefits liability coverage; whether third-party negligence claims by an insured against an insurance...

Pollution claims continue to increase in number and complexity, as do the coverage issues they raise.  In particular, courts across the county have struggled to determine whether the standard pollution exclusion should only apply to actual harm to environmental resources, or whether it may also apply to harmful contaminants in a basement or scents across a neighbor's land.  Click Here for our most recent 50-state survey addressing these issues!

In recent months, courts have issued numerous decisions impacting both the liability exposures frequently seen on the professional liability front, as well as the insurance coverage issues arising from those liabilities. To keep you abreast of these developments, we provide here a summary of those recent professional liability decisions.

In recent months, courts in various jurisdictions have been expanding the traditional "four corners" rule to determine whether an insurer must defend a complaint against the insureds.  Those courts have taken great liberties in assuming that certain facts could have been pled, which then triggers coverage. David J. Buishas takes a look at these recent cases and summarizes them here for your consideration.

In Wisconsin Pharmacal Company, LLC v. Nebraska Cultures of California, Inc., 2016 WI 14 (March 1, 2016), the Wisconsin Supreme Court ruled that the incorporation of a defective ingredient into a dietary supplement did not result in damage to other property, and was not covered under a commercial general liability policy.

Kari A. Timm, a partner at BatesCarey LLP, will be participating in a panel discussion at the 2016 Cyber Risk Insights Conference in London.  The Panel will discuss “The Forensic Dissection of a Claim.”  The conference is hosted by Advisen and is a full-day event addressing the critical privacy, network security and cyber insurance issues confronting risk professionals and...

Several BatesCarey LLP lawyers authored Chapter 9 of Environmental and Health Issues in Unconventional Oil and Gas Development.  This chapter addressed “Transportation of Shale Oil and Gas Resources.”  BatesCarey LLP attorneys frequently represent railroads, trucking companies, pipeline operators and their respective insurers.  In the course of this representation, our...

On October 29, 2015, BatesCarey LLP partners Jason Minkin and Michael Skoglund, and associate Adrian Rohrer, presented to a group of insurance claim handlers “A Claim Handler’s Roadmap to the Defense and Settlement of Claims,” a topical discussion on determining the duty to defend, effectively communicating coverage positions, and the settlement duties and obligations of the insurer.  For more information, please contact Jason (jminkin@batescarey.com), Mike (mskoglund@batescarey.com), or Adrian (arohrer@batescarey.com).