The Use and Abuse of the Pollution Exclusion by Robert D. Chesler, Dennis J. Artese, and Jamie O’Neill
The authors, Robert Chesler, Dennis Artese, and Jamie O'Neill of Anderson Kill examine recent court decisions and ongoing cases that have brought to the forefront the critical issue of the reach of pollution exclusions in insurance policies.
The Environmental, Social, and Governance Police Have Arrived: Is Your Insurance Ready? by Robert D. Chesler and Dennis J. Artese
The Authors Robert D. Chesler (rchesler@andersonkill.com) is a shareholder in Anderson Kill’s New Jersey office and is a member of the firm’s Cyber Insurance Recovery Group. He represents policyholders in a broad variety of coverage claims against their insurers and advises companies with respect to their insurance programs. Dennis J. Artese is a shareholder in Anderson Kill’s New York office and chairs the firm’s Climate Change and Disaster Recovery Group. Both are members of the Editorial Advisory Board of the Journal. Interviews with leading attorneys and other subject matter experts on new twists in the [...]
PFAS Science with Jaana Pietari and Jim Fenstermacher and Litigation with Bob Chesler
PFAS Science with Jaana Pietari and Jim Fenstermacher and Litigation with Bob Chesler In Part 1 of the episode, we discussed the PFAS from the scientific and environmental engineering perspective. And to do that I was fortunate to have Jim Fenstermacher and Dr. Jaana Pietari from the global engineering firm Ramboll. Jim and Jaana have deep experience in environmental remediation involving a variety of contaminants, including PFAS. In Part 2, I am joined by Robert Chesler of Anderson Kill. Bob is a long-time expert on insurance coverage for long-tail and other claims. He's considered a guru in the field, and has represented policyholders in disputes [...]
Biometric Privacy Litigation and Coverage Disputes with John Leonard and Cort Malone
Biometric data is big business. In many cases it even helps make our lives better. It also presents significant risks for a variety of parties, in addition to those of us who surrender our data. Companies collecting, storing, utilizing, and monetizing the data face penalties and litigation bolstered by the increasing number of states enacting biometric information privacy acts, or BIPAs, the first of which was in Illinois. In this episode, we discuss the state of biometric privacy litigation, the regulatory landscape, insurance coverage considerations, and recent rulings with guests John Leonard and Cort Malone of Anderson Kill P.C.
Property Insurance Coverage for Emerging Risk: Underground Climate Change
Studies have shown that “underground climate change” is affecting ground soil conditions, causing structural strains on buildings and exacerbating cracks and defects in walls and foundations. The authors, Dennis Artese, Ethan Middlebrooks, and Thomas Dupont analyze permutations of policy language and state law that may affect coverage for damage caused by underground climate change, including how state law treats anti-concurrent causation clauses, whether “human-caused” exceptions to earth movement exclusions may apply to underground climate change, and whether “abrupt collapse” exceptions to exclusions for building collapse may apply when undetected structural damage triggered by underground climate change triggers collapse. As the authors note, "there are numerous arguments in favor of coverage under all-risk property insurance policies for losses related to underground climate change".
Litigation After Biometric Privacy Law Violations: Policyholder Victories and Their Implications
Insurance companies are implementing new measures to try to avoid paying for liabilities attached to consumer and employee biometric privacy law violations. The authors, Cort Malone and Abigail Damsky explore the issues companies and policyholders should be examining to ensure adequate protection in the present and future. As the authors note, “as more states pass biometric privacy laws, it is critical not only to follow court decisions but also to understand how insurance companies are attempting to avoid liability for such claims.”
How Insurance Companies Defraud Their Policyholders, and What Courts and Legislators Should Do About It
The Authors Robert D. Chesler (rchesler@andersonkill.com) is a shareholder in Anderson Kill's Newark office. Bob represents policyholders in a broad variety of coverage claims against their insurers and advises companies with respect to their insurance programs. Bob is also a member of Anderson Kill's Cyber Insurance Recovery group. Bob has served as the attorney of record in more than 30 reported insurance decisions, representing clients including General Electric, Ingersoll-Rand, Westinghouse, Schering, Chrysler, and Unilever, as well as many small businesses including gas stations and dry cleaners. He has received numerous professional accolades, including a top-tier ranking for Insurance [...]
Sexual Abuse Litigation and Insurance Coverage
Insurance Coverage for Sexual Abuse Claims Strategies | Response | Insurance Archeology CLE OnDemand Webinar Sexual abuse claims – such as those involving the Catholic Church and the Boy Scouts of America – have resulted in verdicts and settlements in the tens and hundreds of millions of dollars. The Catholic church alone has paid billions to resolve claims. Verdicts in cases involving adult victims are typically lower than those involving children and teens. A December 2021 $44 million verdict to a Texas woman who was raped at a Hilton Hotel [...]
Insurance Coverage for PFAS Claims
PFAS Insurance Coverage with Robert D. Chesler of Anderson Kill Listen to my interview with Anderson Kill's Robert D. Chesler, a preeminent expert on insurance coverage law especially in the context of highly complex long-tail claims scenarios involving multiple parties and events that can span decades and always cost many millions of dollars. Considered by many to be an insurance guru on these cases -- as well as on D&O, cyber and privacy, and intellectual property insurance -- Bob holds a Ph.D. and masters degree from Princeton University, and a J.D. (cum laude) from Harvard Law School. This [...]
Climate Change, ESG, and D&O Insurance: Collision or Cooperation?
The Authors Robert D. Chesler (rchesler@andersonkill.com) is a shareholder in Anderson Kill’s New Jersey office and is a member of the firm’s Cyber Insurance Recovery Group. Bob represents policyholders in a broad variety of coverage claims against their insurers and advises companies with respect to their insurance programs. Dennis J. Artese (dartese@andersonkill.com) is a shareholder in Anderson Kill’s New York office and chairs the firm’s Climate Change and Disaster Recovery Group. Joseph Vila (jvila@andersonkill.com) is an insurance recovery attorney in Anderson Kill’s New Jersey office. Climate Change, ESG, and D&O Insurance: Collision [...]
Remediating, Insuring, and Litigating PFAS Claims
Remediating, Insuring, and Litigating PFAS Claims Abstract PFAS are a group of chemicals found in a variety of products (e.g., Teflon®) and have been used widely in industrial and environmental processes (e.g., oil recovery, firefighting). They do not break down, and over time can accumulate in the body and the environment. While largely no longer used in the United States, they continue to be used internationally. Studies have shown they have adverse health effects on humans and animals. In this article the authors discuss the history and impact of PFAS, insurance coverage for claims relating to PFAS [...]
Journal of Emerging Issues in Litigation: Call for Papers
Call for Papers We are proud of the many excellent contributions we have been receiving for the Journal, and grateful to our many authors, especially our Editorial Board of Advisors. Interested in contributing? Take a look at the specifications and other details then send me your idea. I look forward to hearing from you! Tom Hagy Editor-in-Chief | Journal of Emerging Issues in Litigation Founder | HB Litigation Conferences Email p.s. We are turning many of these articles into podcasts too. Listen to one now. The Emerging Litigation Podcast is available from Apple, iTunes, Google, [...]