Errors and Omissions (E&O) Archives

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

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

July 8th, 2025|Categories: CLE OnDemand, Complex Business Litigation, Corporate Compliance, Insurance|Tags: Comprehensive General Liability (CGL), Directors & Officers, Errors and Omissions (E&O), insurance claims recovery, Litigation & appeals, Product Recall, Property and Casualty|

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.

Generative AI & Insurance
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Generative AI & Insurance

Generative AI & Insurance

July 7th, 2025|Categories: CLE OnDemand, Insurance, Technology Law|Tags: Artificial Intelligence (AI), emerging litigation, Errors and Omissions (E&O), insurance claims recovery, Insurance Companies, Risk Management|

Join Marshall Gilinsky, Shareholder at Anderson Kill; Tiago Henriques, Chief Underwriting Officer at Coalition Insurance; Colleen Murphy, Partner at Goldberg Segalla; and Marc Schein, CIC, CLS, Risk Management Consultant at Marsh McLennan Agency, for a CLE webinar exploring how generative AI is transforming the insurance industry—from underwriting to claims handling. Gain insight into emerging risks, E&O considerations, and how AI tools are reshaping policies, liability, and the future of insurance coverage.

Telepsychiatry: Mitigating the Risks
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Telepsychiatry: Mitigating the Risks

Telepsychiatry: Mitigating the Risks

August 18th, 2022|Categories: Corporate Compliance, Featured On-Demand, Law Firm Operations, Torts-On-Demand-CLE|Tags: emerging litigation, Errors and Omissions (E&O), Healthcare, medical malpractice, professional liability|

REGISTER Registration Includes Nearly 90 minutes of insights from experienced professionals. CLE credit: 1+ (subject to bar rules). For CLE questions: CLE@LitigationConference.com The complete Power Point presentation. Continued access to the complete recording for later use. Answers to your questions via email to the presenters or write to HB and we will be sure to contact the speakers. Understand the risks associated with telepsychiatry and how to manage them. Telemedicine has emerged as an important solution for healthcare in general and psychiatric medicine specifically during the current global pandemic. Remote access for sub-practices including addiction counseling have been commonly used. Our panel of psychiatric professionals who have served as expert witnesses and attorneys who counsel and represent physicians have prepared a 90-minute session to share insights with attorneys, physicians, healthcare providers, risk professionals, and more. Agenda Examining procedures and best practices that exist for ensuring confidentiality in a telemedicine practice How do you draft a telepsychiatric consent form? What is the emerging standard of care for telemedicine? Will the standard of care for telemedicine become a national standard? (Should it?) Review the case law addressing telemedicine or telepsychiatry How do the HIPAA regulations and HITECH privacy laws impact telemedicine? How have the HIPAA regulations and HITECH privacy laws been relaxed during the pandemic? Will the [...]

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

$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: Directors & Officers, E-Commerce, Errors and Omissions (E&O), fraud, Law Practice Management|

$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

Foggan & Huggins on Opioid Litigation Defense Coverage

October 31st, 2018|Categories: HB Risk Notes, Insurance, Mass Torts|Tags: Comprehensive General Liability (CGL), Duty to Defend, Errors and Omissions (E&O), Insurance Companies, mass torts|

Is a drug company that's sued in connection with the manufacture, promotion and distribution of opioids covered by its insurer for defense costs? According to Laura A. Foggan and Michael Lee Huggins of Crowell & Moring, LLP, that determination will come down to whether, in the relevant state, an accident takes place when either the act or the injury was unintentional, or whether an accident occurred if only the act was unintentional. This definition will vary by state, Foggan and Huggins wrote in California Litigation, published by the Litigation Section of the California Bar earlier this year. South Carolina may permit coverage if "either the act or the injury was unintentional," they explained. In Liberty Mutual v. J.M. Smith, the Fourth Circuit held that if a drug company failed to identify and alert regulatory agencies of suspicious drug orders, then there may be a duty to defend. But in California, the Crowell & Moring attorneys wrote, with that state's definition of "accident" a state appellate court in Travelers v. Actavis held that a "deliberate act is not an accident, even if the injury is unintentional, unless the injury was produced by an additional, unexpected, independent, and unforeseen happening." In that case drug company Actavis allegedly engaged in deceptive marketing in order to sell more opioids and reap more profits. According to Foggan and Huggins, [...]

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

July 17th, 2018|Categories: Complex Business Litigation, HB Risk Notes, Insurance|Tags: cybersecurity, data breach, Directors & Officers, Errors and Omissions (E&O), Insurance Companies|

"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."