On March 10, 2025 the Circuit Court for the County of St. Louis, Missouri found that BatesCarey’s clients, Aspen Insurance UK Ltd. and Old Colony State Insurance Company, owe no coverage for over $1 billion in opioid liabilities faced by one of the nation’s largest opioid manufacturers, Mallinckrodt, given that Mallinckrodt’s “unbranded marketing” that promoted the use of opioids without naming any specific product, is still conduct that falls within the policies’ product completed operations hazard provisions, which preclude coverage for such claims.

Adam H. Fleischer and Josh A. Boggioni secured a victory in GD Group v. Medmarc Casualty Ins. Co., where the court ruled that a $12 million claim for mold-contaminated surgical gowns packaged with third-party supplies did not constitute “property damage” or "impaired property" under Illinois law.

Adam H. Fleischer, Matthew P. Fortin and Craig M. Leff prevailed in Hertz v. ACE American Ins. Co. et al., where the court held that hundreds of personal injury claims arising out of the false arrest and detention of Hertz customers constituted separate “occurrences” that could only “trigger” policies in effect when the false arrest took place.

BatesCarey prevailed in Abramovitz v. Atlantic Speciality Ins. Co. involving a policy’s exclusion for underinsured government-owned vehicles.

BatesCarey obtained summary judgment in Fives St Corp. v. Allied World Surplus Lines Ins. Co., in which the insured’s prior knowledge of a dispute with an equipment purchaser precluded coverage for a professional liability lawsuit.

After a psychiatrist falsely represented his criminal record on an insurance renewal application, BatesCarey attorneys David Cutter, Craig Leff, and Emily Tripicchio presented the matter to a federal jury in Delaware, which found that all elements of recission had been established.

Adam Fleischer and Kevin Harris created Kentucky precedent that a continuous personal injury trigger does not apply to malicious prosecution claims.

The Circuit Court of Cook County held that the policyholder was not entitled to a second $5 million limit of liability because there was only one incident under the policy.

The appellate court affirmed the district court’s decision that the insured failed to provide timely notice to its insurer and held that the insurer owed no coverage.

BatesCarey wins big with Big Tomato LLC v. State Auto Prop. & Cas. Ins. Co. in the Southern District of Mississippi.