Catastrophic Wildfires Recovery – Get the Most from Your Insurance Coverage

February 9th, 2025|Categories: Class Actions, CLE OnDemand, Environmental Torts, Insurance, New Webinars|Tags: , , , , |

Take this CLE webinar and gain a better understanding of the complex insurance coverage and remediation issues arising from wildfire disasters, including property damage claims under commercial all-risk and homeowners insurance, valuation provisions like replacement cost and ACV, and time element coverages such as business income loss, civil authority coverage, and additional living expenses. We feature experienced insurance recovery attorneys Dennis Artese, Marshall Gilinsky, and Joshua Gold of Anderson Kill, P.C. Take it now or when you're ready. It's on demand!

When Chemical Crises Strike with Ed Gentle and Kip Benson

November 12th, 2024|Categories: ELP, Emerging Litigation & Risk, Environmental Torts, Mass Torts|Tags: , , , , , , |

Soon after emergency response teams scramble into action to address chemical fires, explosions, or other toxic events, attorneys begin gathering and analyzing information either to mitigate corporate risk or to seek remedies for anyone impacted by such an event. Listen to our interview with Edgar C. "Ed" Gentle III and Katherine "Kip" Benson of Gentle, Turner & Benson LLC, about legal activity that goes on in the immediate aftermath of a toxic event. Ed and Kip draw on their deep experience resolving this type of litigation to discuss the flurry of activity that unfolds at law firms and inside legal departments within hours of a disaster.

The Use and Abuse of the Pollution Exclusion by Robert D. Chesler, Dennis J. Artese, and Jamie O’Neill

April 19th, 2024|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Insurance, Journal, New Featured Post for Home Page, News|Tags: , , , , |

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.

Will a New Wave of New Environmental/Toxic Tort Litigation and Claims Upend Insurance Industry Environmental Reserves?

February 24th, 2023|Categories: Emerging Litigation & Risk, Environmental Torts, Insurance, Journal, New Featured Post for Home Page, News|Tags: , , , , |

The Author Charlie Kingdollar spent his career as emerging issues officer for a major global insurance company, tracking hundreds of future risks like those discussed in this article. Charlie is also a valued member of the Editorial Board of Advisors for the Journal of Emerging Issues in Litigation. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Will a New Wave of New Environmental/Toxic Tort Litigation and Claims Upend Insurance Industry Environmental Reserves? "PFAS chemicals are commonly called “forever chemicals,” because once released into the environment they can take hundreds or even thousands of years to break down." "Estimates that the ultimate costs of [these and other] environmental claims will land between $45 billion and $55 billion is terribly low. Maybe I’m missing something (always a possibility).  If not, the insurance industry is in for a rude awakening."  Abstract: To remain profitable and viable, the insurance and reinsurance industry must rely on estimated forecasts of potential claims many years out to establish an appropriate level of reserves. They rely on data from rating agencies and, based on these estimates, ratchet their reserves up or down accordingly. In past years, major and once unforeseen developments [...]

Maximizing Insurance as Climate Change Intensifies

August 14th, 2022|Categories: CLE OnDemand, Environmental Torts, HB Risk Notes, Insurance, Mass Torts|Tags: , , , , |

HB presents an Anderson Kill webinar on-demand MAXIMIZING INSURANCE RECOVERY AS CLIMATE CHANGE INTENSIFIES As weather-induced disasters continue to intensify, maximizing insurance coverage after major storms, floods, wildfires, and other natural cataclysms is an essential survival skill for any business. In this session, attorneys who have successfully litigated property, business interruption and contingent business interruption claims from Hurricanes Katrina through Ida, along with wildfire and other major disaster claims, walk participants through all phases of insurance recovery, from buying the right policies to pursuing claims with persistence and awareness of pitfalls, to litigating successfully when necessary. Specific lessons from Hurricanes Sandy (2012), Harvey (2017) and Maria and Irma (2020) will be addressed. Topics: Developing a pre-storm preparedness plan, including mitigation efforts, assembly of a claims team, and insurance coverage review; Moving quickly to protect property from further damage, performing all emergency repairs, and documenting all losses in detail; Preparing and presenting well-supported property damage claims; Recognizing and including business interruption losses and extra expense outlays; Highlighting policy interpretation issues that affect the scope of available coverage; Outlining strategies for pursuing claims and incentivizing the insurance company to resolve them with due speed. On-Demand Registration Includes 1+ CLE credits (subject to bar rules). CLE codes are embedded in the video. CLE questions? [...]

Asymmetrical Combat: Bad Faith Liability in Insurance Recovery Cases

June 14th, 2022|Categories: Complex Business Litigation, Emerging Litigation & Risk, HB Tort Notes, Insurance, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , , , |

The Author William G. Passannante is co-chair of Anderson Kill’s Insurance Recovery Group and is a nationally recognized authority on policyholder insurance recovery in D&O, E&O, asbestos, environmental, property, food-borne illness, and other insurance disputes, with an emphasis on insurance recovery for corporate policyholders and educational and governmental institutions. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Asymmetrical Combat: Bad Faith Liability in Insurance Recovery Cases "Insurance policies are a unique product that requires the policyholder perform first—by paying insurance premiums—while the insurance company’s performance—the payment of the claim amount—is delayed until the insurance company determines to do so." Abstract: Policyholder counsel see claims that an insurer violated its duty of good faith and fair dealing is an essential tool in leveling the playing field in policyholder–insurer disputes, especially in high-stakes litigation. Insurance companies write the policies, employ lobbyists, exchange information with each other, and, of course, have more experience handling claims. So, the author writes, bad faith allegations bring more balance to the relationship and provide a disincentive to “the profitable breach of the insurance promise.” He discusses above-policy limits risks for insurers, as well as attorneys’ fees, interest on unpaid [...]

Climate Change, ESG, and D&O Insurance: Collision or Cooperation?

March 21st, 2022|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Insurance, Journal, New Featured Post for Home Page, News|Tags: , , , , |

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 or Cooperation? By Robert D. Chesler, Dennis J. Artese, and Joseph Villa Abstract: Climate change has been tied to the recent increase in catastrophic weather events. Insurance coverage for often billions of dollars in damage becomes a source of argument between insurers, who want to limit their exposure, and policyholders, who want the coverage they argue the carriers are contractually obligated to pay. The authors discuss the nature of the underlying suits and the potential coverage issues; the types of policies implicated; cases that have addressed these issues; the rising societal concern over climate change that have played a role in the new corporate emphasis on environmental, social, and governance, or ESG, and the insurance industry’s response to this [...]

Strategies for Maximizing Insurance Recovery for Climate Change–Related Loss and Damage

October 26th, 2021|Categories: Environmental Torts, HB Tort Notes, Insurance, Journal, News|Tags: , , , , |

Strategies for Maximizing  Insurance Recovery for Climate Change–Related Loss and Damage Abstract Losses from natural catastrophes are costing many tens of billions as year, from hurricanes and tornadoes to record-breaking rainfall and floods. Whether the insurance industry will or can provide coverage for all of the devastating effects of climate change (or, as some might put it, a new and calamitous phase in our earth’s existence) only time will tell. In the meantime, policyholders must cross their Ts if they expect coverage. In this article the author shares insights on the complex but essential task of documenting and valuing post-storm losses. Author Dennis J. Artese (dartese@andersonkill.com) is a shareholder in the New York office of Anderson Kill P.C. His practice concentrates on insurance recovery litigation, with an emphasis on securing insurance coverage for first-party property losses, construction accidents, and third-party liability claims. About The Journal on Emerging Issues in Litigation is a co-production of HB, Fastcase, and Law Street Media. You can also hear the complementary (and complimentary) Emerging Litigation Podcast wherever podcasts appear. For questions, contact Tom Hagy, Editor in Chief, at Editor@LitigationConferences.com.

Surfside Condo Collapse: A 360-Degree Insurance Coverage Analysis

October 26th, 2021|Categories: Environmental Torts, HB Tort Notes, Insurance, Journal, News|Tags: , , , , |

Surfside Condo Collapse: A 360-Degree Insurance Coverage Analysis Abstract The horrific and fatal collapse of Champlain Towers South in the summer of 2021 not only shook the ground in Surfside, Florida, but it brought into question the integrity of structures everywhere. If professionals in the construction, real estate, and building management industries were relaxed about signs of structural decay before, they are not anymore. The insurance industry also has reasons to worry, as potentially responsible players turn to their policies to defend or indemnify them for claims for accidents causing losses including from property damage, personal injury, or death. In this article the authors evaluate the factors that are addressed when coverage determinations are made, as well as the various types of policies that come into play. Authors Allen R. Wolff (awolff@andersonkill.com) is a shareholder in Anderson Kill’s New York office, where he concentrates on the intersection of construction litigation and insurance recovery. Allen is co-chair of the firm’s Construction Industry Practice group and Corporate and Commercial Litigation Practice group. He advises and represents policyholders—building owners, developers, contractors, retailers, municipalities, financial institutions, hospitality businesses, condominium associations, and tenants’ associations—in a range of insurance coverage disputes. Allen’s colleagues, Ethan W. Middlebrooks (emiddlebrooks@andersonkill.com) and Jason Kosek (jkosek@andersonkill.com), are also attorneys in Anderson Kill’s New York office. They also concentrate on insurance [...]

Wildfire Litigation and Recovery with Ed Diab

October 19th, 2021|Categories: ELP, Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Mass Torts, News|Tags: , , , , |

Wildfire Litigation and Recovery with Ed Diab I had the pleasure of interviewing Ed Diab, co-founder of Dixon Diab & Chambers in San Diego, about his firm’s role in the litigation, what the claims are, what defenses they encounter, settlements they have secured, what evidentiary hurdles plaintiffs face, and  more.  They’ve been successful. Since 2018, Dixon Diab & Chambers has recovered more $1.4 billion in settlements. And there is more to come. The firm represents more than 40 public entities – including some of the largest cities and counties in California – as well as thousands of individuals and families. Ed leads the firm’s mass tort practice which, in addition to wildfire litigation, represents people who allege injuries from defective drugs and medical devices. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the legal news folks at Law Street Media. If you have comments or wish to participate in one our projects, or want to tell me how insightful our guests are, please drop me a note at Editor@LitigationConferences.com. Thanks to Ed Diab for speaking with me about this fascinating and frightening subject, and to Baron & Budd's Scott Summy for introducing us.  For my part, I am sure my suggestion that they install smoke detectors all over the forest is complete [...]

The Mega Verdict Trend in Healthcare Litigation with Sandra Cianflone

August 12th, 2021|Categories: ELP, Emerging Litigation & Risk, Insurance, Mass Torts, News|Tags: , , , , |

The Mega Verdict Trend in Healthcare Litigation with Sandra Cianflone Joining me to discuss this high-stakes litigation is Sandra M. Cianflone of Hall Booth Smith, P.C.  Sandie counsels and defends hospitals, physicians, nurses and institutional employees in a broad spectrum of catastrophic injury and medical malpractice cases. She received her Juris Doctorate from Pace University School of Law and her undergraduate degree from Fairleigh Dickinson University. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Sandie is, please drop me a note at Editor@LitigationConferences.com. This podcast is based on an article she wrote for the forthcoming issues of the Journal. Note that in my introduction I have created the phrase "badly wrong," which is, itself, badly wrong.  Listen to the bitter end when Sandie and I discuss working from home, and how we really feel about family and co-workers.  Feel free to scold me at the email address provided. I hope you enjoy the interview and this professional's practical insights into defending healthcare providers. Tom Hagy Damage awards against physicians, hospitals, and other healthcare providers [...]

Mass Tort Emotional & Psychological Claims

October 27th, 2020|Categories: Complex Business Litigation, Featured On-Demand, Mass Torts, Torts-On-Demand-CLE|Tags: , , , , |

Emotional & Psychological Claims in Multi-Plaintiff Toxic Tort Litigation: What attorneys need to know about the scientific and medical aspects of these injuries.  On-Demand | Recorded October 27th, 2020 ON DEMAND WEBINAR REGISTRATION Emotional injury claims often arise in toxic torts due to exposure to asbestos, mold, carbon monoxide, and environmental contamination, to name a few. And now, as large swaths of the nation are often engulfed in flame, what physical and emotional effect might manifest from prolonged smoke inhalation? Determining the validity of these injuries and any causal connection is difficult. It requires careful study by truly qualified experts often from various disciplines. When psychological harm exists, it can be debilitating. There is much an attorney should know when wading into these types of claims. How often is there a legitimate injury? What different types of injuries are there? What should attorneys know when working with or challenging psychological experts? How is causation proven or disproven? How are damages determined? Join our panel comprising a forensic neuropsychologist, an industrial and occupational physician, a forensic psychiatrist, and an experienced mass tort practitioner as they share their insights and experiences. Key Points Understanding the different types of psychological injury claims. Understanding the differences between objective injuries that are easy to identify and distinguish, versus subjective injuries such [...]

Go to Top