2/25/2025 4:57:29 PM Conditions to Coverage May Be More Conditional Than You Thought By Max Louik Alexa Austin Conditions Precedent to Coverage Insurance policies typically are subject to certain conditions precedent to coverage. As the name...
9/3/2024 2:31:02 PM Recovering from the CrowdStrike outage By Cristina Shea David Ledet Andrew Kintner This article provides an update to a post published on July 23, 2024 by Mark Pring, Andy Moss, and Cristina Shea, which can be found...
3/15/2024 1:54:35 PM Delivery by drone? Insurance needed! By Laura-May Scott Online retailers have changed the way we shop. No longer do we spend hours in line queuing for a can opener or, perhaps more...
12/13/2023 8:56:51 PM Insurance coverage implications for PFAS-related liabilities By Brian Himmel Alexa Austin Increased litigation alleging exposure to per- and poly-fluoroalkyl substances (PFAS) present potential significant losses for companies...
11/29/2023 9:25:48 PM Hawaii Supreme Court rejects insurance company claims for defense expense reimbursement By Timothy Law At least since the California Supreme Court’s ruling in Buss v. Superior Court, 939 P.2d 766 (Cal. 1997), insurance companies have urged...
3/15/2023 8:32:57 PM Key considerations for policyholders after landmark biometric privacy decisions reshape insurance landscape By Noel Paul The landscape of biometric privacy litigation already has changed dramatically in 2023. Last month, the Illinois Supreme Court ruled in...
3/8/2023 11:54:14 PM An insurance company’s refusal to settle can be bad faith, even if the policyholder ultimately prevails at trial By Matthew Rosso As a general rule, if a policyholder reasonably attempts to settle a case for an amount at or within the limits of its insurance policy,...
2/28/2023 8:51:35 PM Coverage issues for medical monitoring claims By Adrienne Kitchen Following the February 3, 2023 derailment of 38 train cars carrying hazardous materials, resulting in a chemical spill and controlled...
6/2/2022 8:55:10 PM Two state Supreme Courts reach commercially reasonable results by permitting post-loss assignments By Lisa Szymanski Nicholas Rodriguez The well-established principle that a policyholder may assign benefits under an insurance policy following a loss was recently reaffirmed...
4/7/2022 2:39:48 PM Recent opinions provide support for insureds seeking coverage for BIPA claims By John Vishneski Andrew Barrios Since the Illinois Supreme Court’s ruling that class actions alleging violations of the Illinois Biometric Information Privacy Act...
2/24/2022 8:50:02 PM The duty to defend requires an early judgment By Benjamin Fliegel If an insurance company owes a duty to defend, the dispute should be decided promptly, on the pleadings. Any delay undermines the duty to...
1/5/2022 8:44:49 PM New York’s exception allowing attorney’s fees for policyholders By Esther Kim John Berringer An often-overlooked 2020 New York federal court decision allows policyholders to potentially recover attorneys’ fees when they bring a...
11/30/2021 9:00:54 PM Employment-related practices exclusions and Biometric Information Privacy Act litigation By Andrew Barrios John Vishneski In West Bend Mutual Insurance Co. v. Krishna Schaumburg Tan, Inc., 2021 IL 125978, the Supreme Court of Illinois held that coverage...
6/17/2020 8:02:59 PM Join us for an on-demand webinar “What policyholders really need to know about insurance for COVID-19” By Elizabeth Vieyra Reed Smith Insurance Recovery partners John Shugrue, John Ellison, Amber Finch, Richard Lewis, and Matthew Weaver offer discussion and...
4/3/2020 7:57:45 PM Pollution exclusion should not preclude coverage for virus-related claims By Mike Sampson Faced with mounting claims for insurance coverage as a result of the novel coronavirus (COVID-19) outbreak, commercial insurers are...