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).

On July 15, 2015, BatesCarey LLP partner Adam Fleischer will present a three-hour workshop addressing Negotiation and Mediation Strategies.  The presentation is made in conjunction with the Claims & Litigation Management Alliance.  The workshop will take place in Overland Park, Kansas from 9am to 12pm, and it will focus on the optimal strategies and tactics in negotiating the best possible outcomes for settlement.  For more information, please visit www.theclm.org or contact Adam at AFleischer@BatesCarey.com.

Michael H. Passman and I. Jordan Lowe contributed to the 2015 edition of "Insurance Law," an Illinois insurance law handbook published by the Illinois Institute for Continuing Legal Education. Michael Passman authored the chapter on declaratory judgment litigation. Jordan Lowe authored the chapter on choice of law in coverage disputes. The book can be ordered here.

Kari Timm will be leading a CLE/CE program entitled, “Trials and Tribulations: Cyber and Privacy Risks for Lawyers”.  The program is jointly hosted by the PODL Committee of the ABA TIPS Section and PLUS Mid-West.  The discussion will be led by Kari Timm of BatesCarey, LLP and Meghan Hannes of AXIS Insurance.   The program will take place on...