Author Info for Hinshaw & Culbertson - Insights for Insurers

Sarah Anderson

West Virginia v. EPA: Insurers Should Consider How Big of a Bite the U.S. Supreme Court Took Out of the "E" in ESG

We have written extensively about environmental, social, and governance ("ESG") otherwise known as sustainability, and its impact on insurers and their policyholders. We have pointed out how ESG has impacted insurers qua…more

Biden Administration, Clean Air Act, Clean Power Plan, Climate Change, Commercial General Liability Policies

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Matthew Ferlazzo

Excess D&O Policy Not Triggered by Vizio's Smart TV Litigation Claim

An excess D&O insurer had no obligation to contribute to Vizio's settlement with its primary general liability insurer for liabilities arising from the Smart TV Litigation, a California federal district court has held. See…more

Commercial General Liability Policies, Covenant of Good Faith and Fair Dealing, D&O Insurance, Denial of Insurance Coverage, Equitable Contribution

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Robert Finley

Grieving Families Act Reintroduced: What New York Insurers Need to Know

On February 5, 2024, New York State Senator Hoylman-Sigal once again brought forth the Grieving Families Act ("GFA") in its latest iteration: Senate Bill 2024-S8485. Continue reading for how this latest version of the act would…more

Insurance Industry, Negligence, New York, Proposed Legislation, Regulatory Agenda

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Pedro Hernandez

Key Insurance Decisions, Trends, and Developments in 2024 and a Look Ahead to 2025

Introduction - As 2025 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2024 and provide a forecast of potential trends and developments for…more

Business Interruption, Consumer Insurance Products, D&O Insurance, Defense Strategies, Exhaustion Doctrine

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Peter Kanaris

As COVID-19 Coverage Law Suits Are Filed, New Jersey Legislature Considers Mandated COVID-19 Business Interruption Coverage

The first COVID-19-related insurance coverage cases are now being filed. In Louisiana, a declaratory judgment action was brought against Certain Underwriters at Lloyd's, asking the court to rule that an all-risk policy provides…more

All-Risks Insurance, Business Interruption, Coronavirus/COVID-19, Corporate Counsel, Declaratory Judgments

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Spencer Kook

Governor Newsom Issues Executive Order Creating Rebuttable Presumption of Workers' Compensation Compensability for COVID-19 Work-Place Related Illnesses

On May 6, 2020, Governor Newsom issued Executive Order N-62-20, which provides that an employee's COVID-19 related illness "shall be presumed to arise out of and in the course of the employment for purposes of awarding workers'…more

Coronavirus/COVID-19, Employer Responsibilities, Executive Orders, Governor Newsom, Rebuttable Presumptions

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Gar Lauerman

[Commentary] An Updated Primer on PFAS/Forever Chemical Claims: Regulation, Litigation, Large Losses, and Insurance Coverage Issues

Per- and poly-fluoroalkyl substances ("PFAS") represent major exposures to insurers and their policyholders. Thousands of lawsuits are pending nationwide, and numerous large settlements have already been reached. Insurers are…more

Choice-of-Law, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Forum Selection

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Edward Lenci

The Second Circuit May Well Reconsider Reverse-Preemption of The New York Convention by the McCarran-Ferguson Act

A significant number of states prohibit or restrict the arbitration of disputes between an insurer and its policyholder and/or preclude the inclusion of arbitral provisions in insurance policies.The McCarran-Ferguson Act ("MFA")…more

Appeals, Arbitration, Commerce Clause, Dodd-Frank, Federal Arbitration Act

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Cathy Mulrow-Peattie

California Privacy Protection Agency Advances Insurance Privacy Compliance Regulation

On December 8, 2023, the California Privacy Protection Agency (CPPA) moved forward with an insurance regulation that could expand the privacy compliance obligations of insurance companies. The California Privacy Rights Act…more

California Privacy Protection Agency (CPPA), California Privacy Rights Act (CPRA), Compliance, Insurance Code, Insurance Industry

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Nicholas Ponzo

Grieving Families Act Reintroduced: What New York Insurers Need to Know

On February 5, 2024, New York State Senator Hoylman-Sigal once again brought forth the Grieving Families Act ("GFA") in its latest iteration: Senate Bill 2024-S8485. Continue reading for how this latest version of the act would…more

Insurance Industry, Negligence, New York, Proposed Legislation, Regulatory Agenda

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Brent Reitter

Grieving Families Act Reintroduced: What New York Insurers Need to Know

On February 5, 2024, New York State Senator Hoylman-Sigal once again brought forth the Grieving Families Act ("GFA") in its latest iteration: Senate Bill 2024-S8485. Continue reading for how this latest version of the act would…more

Insurance Industry, Negligence, New York, Proposed Legislation, Regulatory Agenda

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Lisa Roccanova

Key Insurance Decisions, Trends, and Developments in 2024 and a Look Ahead to 2025

Introduction - As 2025 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2024 and provide a forecast of potential trends and developments for…more

Business Interruption, Consumer Insurance Products, D&O Insurance, Defense Strategies, Exhaustion Doctrine

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Thomas Schrimpf

Wisconsin and Minnesota Businesses Seek Coverage for COVID-19 Business Interruption Losses in State and Federal Class Actions

Over the last week, pandemic-related insurance lawsuits have continued to be filed nationwide. Several new notable class action filings were recently submitted in Wisconsin state and federal courts that seek business…more

Breach of Contract, Business Closures, Business Interruption, Class Action, Coronavirus/COVID-19

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Jason Schulze

Allocation of Losses in Complex Insurance Coverage Claims

Allocation is a fundamental issue impacting every society and transcending virtually every major sector and function within a society. Economists sometimes describe this concept as society's allocation of its resources between…more

Insolvency, Insurance Claims, Insurance Industry, Insurance Litigation, Liability

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Scott Seaman

Allocation of Losses in Complex Insurance Coverage Claims

Allocation is a fundamental issue impacting every society and transcending virtually every major sector and function within a society. Economists sometimes describe this concept as society's allocation of its resources between…more

Insolvency, Insurance Claims, Insurance Industry, Insurance Litigation, Liability

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Daniel Shatz

Florida Enacts Significant Reform Impacting Property Insurance Claims

Earlier this month, Florida Governor Ron DeSantis signed into law S.B. 76, enacting significant property insurance claim reform in the State of Florida that becomes effective on July 1, 2021. We summarize some of the highlights…more

Contractors, Governor DeSantis, Insurance Claims, Insurance Industry, Property Insurance

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Joel Wiegert

$6 Million Phishing Loss Does not Trigger Coverage Under Crime Policies

A federal district court in Dallas, Texas has held that an insured's commercial crime policies were not triggered by a $6 million phishing loss where the insured did not "hold" the stolen funds. The case is RealPage Inc. v…more

Commercial Crime Insurance Polices, Cyber Attacks, Cyber Insurance, Cybersecurity, Phishing Scams

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Hinshaw & Culbertson - Insights for Insurers

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