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...

BatesCarey LLP is pleased to announce that twelve of its attorneys have been selected for inclusion in the 2016 Illinois Super Lawyers and Illinois Rising Stars lists. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual...

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).

BatesCarey LLP is pleased to have once again been recognized as a "Best Law Firm" in U.S. News – Best Lawyers® "Best Law Firms" rankings in the area of Insurance Law. BatesCarey received this honor both with respect to the national rankings and the metropolitan Chicago rankings. The U.S.News – Best Lawyers "Best Law Firms" rankings are based on overall firm performance, client...

Law Bulletin Publishing Company, through its Leading Lawyers Division, has recognized BatesCarey LLP partners Patrick Bedell and Jordon Steinway, and associate Kelli Biggam Fleming, as “Emerging Lawyers” in the areas of Insurance, Insurance Coverage, and Reinsurance Law. The Emerging Lawyers distinction recognizes the top two percent of lawyers who are 40 years...