Sexual Abuse & Insurance

July 23rd, 2025|Categories: Class Actions, CLE OnDemand, New Webinars|Tags: , , , , |

Join Marshall Gilinsky and John Lacey of Anderson Kill, along with Brian Della Torre of ARMR, for a CLE webinar focused on navigating sexual abuse claims through insurance recovery. Learn how to locate and leverage historic liability policies, understand allocation and occurrence issues, and overcome common insurer defenses. Discover how institutions can access valuable coverage through strategic claims, litigation tactics, and insurance archaeology.

Generative AI & Insurance

July 7th, 2025|Categories: CLE OnDemand, Insurance, Technology Law|Tags: , , , , , |

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.

PFAS Litigation Deepens as 3M Reaches $450M Deal with New Jersey

July 1st, 2025|Categories: Environmental Torts, Mass Torts|Tags: , , , , |

Guest contributor, Jennifer Holmes discusses the growing legal, regulatory, and financial fallout from PFAS—also known as “forever chemicals”—through the lens of 3M’s recent $450 million settlement with the state of New Jersey. In this wide-ranging piece, she explores how PFAS litigation is evolving beyond environmental cleanup to include product liability suits against major brands like Apple, insurance coverage battles over pollution exclusions, and the uncertain regulatory landscape shaping outcomes. As public pressure and legal scrutiny mount, Holmes offers a timely look at what businesses, insurers, and legal teams need to know about this rapidly expanding area of risk.

Arson Investigations: Best Practices for Establishing Fraud and Avoiding Bad Faith

April 25th, 2025|Categories: Corporate Compliance, Insurance|Tags: , , , , |

Arson-related insurance claims are rising—and so are the risks for insurers who don’t investigate thoroughly and by the book. Guest contributor Melissa A. Segel breaks down how carriers can use modern tools, smart strategy, and legal precision to uncover fraud while steering clear of costly bad faith pitfalls. A must-read for anyone navigating the intersection of fire science and insurance law.

2025 California Wildfires Prompt Wave of Suits

March 11th, 2025|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Insurance, Journal, New Featured Post for Home Page, News|Tags: , , , , |

Bret Thurman provides an in-depth look at the surge of legal actions stemming from the catastrophic 2025 California wildfires, which caused widespread destruction across Southern California. He explores the numerous lawsuits filed against major utility companies like Southern California Edison (SCE) and the Los Angeles Department of Water and Power (LADWP), as well as actions against landlords accused of price gouging in the wake of the disaster. Key legal theories include negligence, inverse condemnation, and public nuisance, with plaintiffs arguing that mismanagement, delayed responses, and regulatory failures significantly contributed to the scale of the devastation. These cases could set important legal precedents for disaster liability and corporate accountability in California and beyond.

Trump’s rollback of draft PFAS regulation means uncertain future for ‘forever chemicals’ torts

February 21st, 2025|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

With federal PFAS regulations in limbo, lawsuits targeting “forever chemicals” are expanding—what does this mean for businesses and consumers? Justin Ward examines the uncertain future of PFAS (“forever chemicals”) regulation and litigation after former President Trump rolled back a draft rule expanding Biden-era guidelines. The rising PFAS lawsuits are increasingly targeting consumer product manufacturers alongside chemical companies. Despite concerns over deregulation, several states have enacted their own strict PFAS rules, ensuring continued legal challenges and regulatory pressure. Read our report by guest contributor Justin Ward.

Litigation After Biometric Privacy Law Violations

July 9th, 2024|Categories: CLE OnDemand, Corporate Compliance, Insurance|Tags: , , , , |

In this CLE webinar, Anderson Kill attorneys, Cort Malone and John Leonard discuss the state of biometric privacy litigation, the regulatory landscape, and insurance coverage considerations and rulings.

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.

Litigation After Biometric Privacy Law Violations: Policyholder Victories and Their Implications

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

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.”

The Promise and Peril of Quantum Computing and Its Implications for Cyber Insurance

January 17th, 2024|Categories: Emerging Litigation & Risk, HB Tort Notes, Insurance, Journal, Mass Torts, New Featured Post for Home Page, News, Technology Law|Tags: , , , , |

Quantum computing, like artificial intelligence, is one of several emerging technologies that could either save the planet or end the world, depending on which expert is holding forth on the issue. This article explores the promise and peril of quantum computing and the potential coverage implications under cyber insurance policies. As Cameron notes, "while cyber insurance may provide some coverage for hazards that result from quantum computing, those policies may not respond to many of the risks".

Applying Business Strategy to Your Law Firm

December 22nd, 2023|Categories: Complex Business Litigation, ELP, Law Firm Operations|Tags: , , , , |

In this episode of the Emerging Litigation Podcast, we hear from James Grant about looking strategically at your law firm as you would any business and explore one litigation firm’s journey through that transformative process. As he argues, "lawyers must learn AI now or else watch their competition fly past them in operational efficiency, customer service, and client retention". Listen to learn more!

Ohio Supreme Court Ruling Sends Important Reminder: Long-Standing, Fundamental Principles of Insurance Policy Construction and Law Are Applicable to Cyber Claims

June 16th, 2023|Categories: Emerging Litigation & Risk, HB Tort Notes, Insurance, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

The Authors Judy Selby (judy.selby@kennedyslaw.com) is a Partner at Kennedys (New York) where she focuses her practice primarily on insurance coverage matters with a concentration in coverage for exposures arising out of emerging technology, digital, and compliance risks. Tracey M.Kline (tracey.kline@kennedyslaw.com) is an Associate at Kennedys (Philadelphia) where she focuses her practice primarily on insurance coverage litigation and cyber 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. Ohio Supreme Court Ruling Sends Important Reminder: Long-Standing, Fundamental Principles of Insurance Policy Construction and Law Are Applicable to Cyber Claims Abstract: On December 27, 2022, the Ohio Supreme Court unanimously ruled that a business owner’s property insurance policy issued by Owners Insurance Co. to EMOI Services, LLC did not afford coverage for losses sustained in a ransomware attack because computer software is “entirely intangible” and “cannot experience ‘direct physical loss or physical damage.’” EMOI Servs., LLC. v. Owners Ins. Co., 2022-Ohio-4649 (Ohio 2022). In doing so, the court reversed an attention-getting split decision by the lower appellate court. This article takes an in-depth look at the case and discusses its significant implications. The Ohio Supreme Court’s decision was based on its commonsense [...]

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