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Am I Covered For? . . . A Discussion of Insurance Coverage Issues

July 8th, 2025|Categories: CLE OnDemand, Complex Business Litigation, Corporate Compliance, Insurance|Tags: , , , , , , |

Join Steven J. Pudell and Christina Yousef of Anderson Kill and William Harrison of Gallagher for an engaging CLE webinar introducing the fundamentals of insurance coverage. This session breaks down the differences between first-party and third-party claims and provides an overview of key insurance policies—including general liability, property, D&O, E&O, employment practices, cyber, commercial crime, and product recall. Through real-world examples and practical tips, the panel will highlight common challenges policyholders face and how courts have addressed key coverage issues. Ideal for those new to insurance or looking for a comprehensive refresher.

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Biometric Privacy Laws: Companies Will Need Insurance as Protection From New and Expanding Liability

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 Authors * Cort T. Malone (cmalone@andersonkill.com) is a shareholder in the New York and Stamford offices of Anderson Kill and practices in the Insurance Recovery and the Corporate and Commercial Litigation Departments. He represents policyholders in insurance coverage litigation and dispute resolution, with an emphasis on commercia general liability insurance, directors and officers insurance, employment practices liability insurance, advertising injury insurance, and property insurance issues. Jade W. Sobh (jsobh@andersonkill.com) is an attorney in Anderson Kill’s New York office. Jade focuses his practice on insurance recovery, exclusively on behalf of policyholders, as well as regulatory and complex commercial litigation matters. 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. Biometric Privacy Laws:   Companies Will Need Insurance as Protection From New and Expanding Liability "Businesses may look to various types of insurance policies for protection from the sudden and ever-increasing liability under present and soon to pass biometric data privacy laws, including commercial general liability insurance, employment practices liability insurance, cyber insurance, and directors & officers (D&O) insurance." Abstract: As more states follow Illinois in enacting biometric privacy laws, the risk that companies will be hit with lawsuits and extensive damages awards [...]

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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 [...]

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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 [...]

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$3M Transferred in Fraud Scheme, Law Firm Gets Sued, Says It Followed Client Instructions

July 29th, 2020|Categories: Complex Business Litigation, Emerging Litigation & Risk, HB Risk Notes, Law Firm Operations, News|Tags: , , , , |

$3M Transferred in Fraud Scheme, Law Firm Sued, Says It Followed Client Instructions Two related foundations hired a big law firm to sell stock and execute a merger via wire transfer. Cyber fraudsters had other ideas. Posing as stock seller, and intercepting a verification email, the perpetrators grabbed $3.1 million. The foundations sued the firm in state court in Utah, claiming the firm should have red-flagged certain inconsistencies and known it was being duped. The firm should also have picked up the phone to verify the source of the fraudulent emails and documents. Not so fast, the firm maintains. The plaintiff was not a client and it was only acting on wiring instructions sent via the plaintiff's email system and provided the instructions to the paying agent. The money was sent to the account of an alleged furniture company in Hong Kong. Sorenson, et al. v.  Continental Stock Transfer, Tassel Parent, and Holland & Knight, 3rd. Jud. Dist. Ct., Salt Lake Co., Utah. Download

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Aon SVP Belfiore on Corporate Cyber Risk

November 1st, 2018|Categories: HB Risk Notes, Insurance, Technology Law|Tags: , , , , |

Cyber Risk of Paramount Concern to Corporate Boards Lack of History Remains a Challenge "Cyber security is the most polarizing issue on the corporate board agenda these days," says Anthony Belfiore, SVP and Chief Information Security Officer at Aon. "It has the most potential impact and the most regulatory pressure among all risks companies face. Nothing is more top of mind right now." "You just have to look at the amount of media coverage and the actual realized impacts companies are experiencing. Hundreds of thousands of businesses from big to small are being affected. The entire healthcare system in the UK went down. The impact is tangible. It’s affecting day-to-day operations," he says. “And no one is immune. Board members come from a diverse set of industries, and all are impacted." Why is cyber risk such a hot button for companies versus other types of risks? "The risk has become more urgent as it has shifted to actual business interruption," Belfiore says. "Historically companies were concerned with data leakage and loss, or regulatory fines, but now the actual operation itself can come to a halt. When a company goes down for three days that hits the media. Analysts notice. You can trace a specific event to a drop in stock values." Aren't fines still a concern?   "Yes. We are operating in [...]

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Cyber Risks Enter a New and Increasingly Vicious Phase

October 31st, 2018|Categories: Complex Business Litigation, HB Risk Notes, Technology Law|Tags: , , , , |

For anyone plotting the evolution of cyber risks, the last phase of cyber-attacks was dominated by breaches that resulted in lost or stolen personal or financial data that could then be monetized. The current phase is different. “We have observed a significant increase in the number of disruptive breaches that our clients are dealing with,” says Charles Carmakal, Vice President at Mandiant/FireEye. “These involve destruction, extortion, or public shaming.” How are organizations dealing with this shift? “It’s catching many organizations off guard. Most don’t have a playbook for dealing with extortion,” Carmakal says. “While they may have thought about a ransomware situation, that’s different from the more common type of extortion we are seeing these days, where a threat actor threatens C-level executives or corporate board members with the release of sensitive information.” “Many organizations assume the default is they wouldn’t give into the demands, but when in the middle of a crisis too often the decision is made to pay the threat actors,” he says. “So it’s important to consider what your organization will do in this situation. For example, who will be involved in the decision-making process? Organizations should play out an extortion scenario so they have a plan when faced with real demands.” How can organizations better test the efficacy of their security capabilities? Many organizations conduct penetration [...]

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Willis Towers Watson: Cyber Risk Top D&O Concern

July 22nd, 2018|Categories: Corporate Compliance, HB Risk Notes, Insurance|Tags: , , , , |

Based on their survey, Willis Towers Watson says cyber risk continues to top the list of concerns for directors and officers (right up there with employee claims). As for coverage, while they care about price, things like their relationship with the carriers and how well they handle claims are critical elements. And, maybe one key reason cyber events keep happening: "Only 13% of board members feel that their organizations learn from past cyber mistakes." Read the results of the Willis Towers Watson survey. 

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Judy Selby on Improving Cyber and Privacy Board Reporting

July 19th, 2018|Categories: Corporate Compliance, HB Risk Notes, Technology Law|Tags: , , , , |

"While general awareness of cyber risks among corporate boards is increasing, even the most motivated and knowledgeable directors cannot effectively fulfill their duties without receiving appropriate data about the organization’s risk profile. Unfortunately, however, there appears to be a disconnect between management and boards when it comes to cyber risk reporting . . .  In order for directors to effectively discharge their duty of active, informed, and engaged oversight, the information they receive must be relevant, understandable, reliable, and objective." Judy Selby, JD Judy Selby Consulting Read the full article and Judy's tips for improving board reporting.  Judy Selby of Judy Selby Consulting

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Crowell & Moring on D&O Corporate Liability for Cyber Claims

July 17th, 2018|Categories: Complex Business Litigation, HB Risk Notes, Insurance|Tags: , , , , |

"Although many commentators have noted the potential exposure for cyber claims in the form of shareholder actions under D&O coverage, little attention has been given to the risks of cyber exposure under Side C [D&O corporate liability] coverage," write Laura A. Foggan and Thomas Kinney of Crowell & Moring LLP. "D&O policies contain many exclusions and coverage limitations that should protect against undue, unintended expansion of such policies to encompass cyber risks. However, as this case illustrates, courts may not always agree that those coverage limitations fully address cyber breach exposures."

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