Jason P. Minkin and Dominic Spinelli highlight four recent professional liability decisions. The topics addressed are: whether breach of contract and wage and hour claims allege injury arising out of “any negligent act, error or omission” necessary to trigger employee benefits liability coverage; whether third-party negligence claims by an insured against an insurance...

The international research firm, Chambers and Partners, has announced that BatesCarey LLP is ranked as one of the elite eight law firms in Illinois in the area of  Insurance: Dispute Resolution.  Chambers’ worldwide research also awarded individual ranking recognition for attorneys Robert J. Bates, Jr., Scott L. Carey, and Adam H. Fleischer. The USA 2016 Rankings describe...

The Superior Court of Georgia for Fulton County has ruled in favor of a BatesCarey LLP client, holding that a contract exclusion in a D&O Policy unambiguously excluded coverage for Subscription Agreements valued at $1.7 million. An insurer issued a duty-to-defend, Private Company Management Liability Insurance Policy to the insured.  The policy contained a Directors,...

BatesCarey LLP partner Adam H. Fleischer will be a featured presenter at the upcoming 2016 Swiss Re Americas Claim Conference, “Navigating the Future.”  Adam’s topic “Autonomous Vehicles: Will The Coverage and Claims Issues Drive You Crazy?” is sure to be informative and dynamic.  Other topics will include 3D Printing, Hydrofracking, Medical Marijuana, and more!

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...