Publication Listing
Scott writes extensively on substantive legal issues, and insurance and reinsurance topics, as well as litigation practice matters. His writings have been recognized by courts, parties and commentators, and they have been cited by the highest courts in Arizona, Illinois, Kentucky, Massachusetts, New Hampshire, New Jersey, South Carolina, West Virginia, Wisconsin, and by other state and federal appellate and trial courts across the country. A selection of his publications is set forth below.
Books and Chapters (Authored or Co-Authored)
Two Volume "Allocation of Losses In Complex Insurance Claims" (12th Ed. West Thomson Reuters 2024) (supplemented annually)
Wrongful-Death and Survival Actions, Illinois Institute for Continuing Legal Education (2023) General and Contributing Author Chapters 1, 2, 5, and 7 (prior editions 2019, 2014, 2011, 2007, 2003, 1998, and 1993)
"Chapter 8 Allocating Defense Costs," The Insurer’s Duty to Defend: Issues and Analysis (ABA 2024)
"Duty to Defend: A Fifty State Survey: Volume I" (Second Edition) (Hinshaw 2023 (prior edition 2017)
"50 State Survey: Requirements to Communicate with Insureds for Property and Casualty Claims: Volume VI" (Hinshaw 2021)
"50 State Survey: Workers' Compensation Law Exclusivity, Exceptions, Third Party Action Over Claims & COVID-19" (Hinshaw 2020)
"A Primer on Reinsurance Law & Principles" (Hinshaw 2016)
"Chapter 6 Pertinent Reinsurance Contract Provisions," Reinsurance Professional’s Deskbook - A Practical Guide (2019 – 2020 Ed. Thomson Reuters) (Prior editions 2017 – 2018 and 2015 – 2016)
"Chapter 17 Excess Insurance Coverage," Environmental Liability & Insurance Recovery (ABA 2012)
"Reinsurance Law & Practice: A Primer on Basic Principles & Contemporary Issues in Illinois" (BRMA 1999)
"Reinsurance Law & Practice: An Overview of Principles and Contemporary Issues" (Glasser 1999)
"Reasonable Defense Costs, Legal Fees, and the Legal Audit" (Glasser 1999)
"Environmental Coverage: Law and Litigation," Liability Insurance (IICLE 1996, 1998 Supp.)
"Employing Discovery, Investigation, and Surprise to Capture Plaintiff's Expert," Defense Practice Notebook (DRI 1996)
Articles and Papers (Authored or Co-Authored)
“Sustainability Recalibration: What Insurers And Policyholders Should Know About ESG (Environmental, Social, and Governance Considerations) Under Trump 2.0, Part 1,” Mealey’s Litigation Report: Insurance March 5, 2025; Mealey’s Emerging Insurance Disputes March 6, 2025; Mealey’s Litigation Report: Reinsurance March 7, 2025; Mealey’s Litigation Report: Pollution Liability March 10, 2025; Mealey’s Emerging Securities Litigation March 10, 2025; Mealey’s Litigation Report: ERISA March 12, 2025; Mealey’s Litigation Report: Catastrophic Loss March 14, 2025; Mealey’s Litigation Report: Cyber Tech & E-Commerce March 18, 2025; Mealey’s Litigation Report: Insurance Bad Faith March 18, 2025; and Mealey’s Asbestos Bankruptcy Report March 28, 2025
“Sustainability Recalibration: What Insurers And Policyholders Should Know About ESG (Environmental, Social, and Governance Considerations) Under Trump 2.0, Part 2,” Mealey’s Litigation Report: Insurance March 12, 2025; Mealey’s Emerging Insurance Disputes March 20, 2025; Mealey’s Litigation Report: Reinsurance March 21, 2025; Mealey’s Litigation Report: ERISA April 9, 2025; Mealey’s Litigation Report: Catastrophic Loss April 11, 2025; Mealey’s Emerging Securities Litigation April 14, 2025; Mealey’s Litigation Report: Pollution Liability April 14, 2025; Mealey’s Litigation Report: Cyber Tech & E-Commerce April 15, 2025; Mealey’s Litigation Report: Insurance Bad Faith April 15, 2025; and Mealey’s Asbestos Bankruptcy Report April 25, 2025
“2024 Key Insurance Decisions, Trends, & Developments & A Look Ahead To 2025,” Mealey’s Litigation Report: Insurance December 4, 2024; Mealey’s Litigation Report: Catastrophic Loss December 13, 2024; Mealey’s Litigation Report: Insurance Bad Faith December 3, 2024; Mealey’s Litigation Report: Asbestos December 4, 2024; Mealey’s Artificial Intelligence December 11, 2024; Mealey’s Emerging Toxic Torts December 17, 2024; Mealey’s Asbestos Bankruptcy Report on December 20, 2024; Mealey’s Emerging Insurance Disputes December 5, 2024; Mealey’s Litigation Report: Reinsurance December 6, 2024; Mealey’s Coronavirus Law November 26, 2024; Mealey’s Personal Injury Report November 27, 2024; Mealey’s Litigation Report: ERISA December 11, 2024; Mealey’s Fracking Report December 10, 2024; Mealey’s Litigation Report: Insurance Insolvency December 23, 2024; Mealey’s Litigation Report: Cyber Tech & E-Commerce December 17, 2024; and Mealey’s Emerging Securities December 9, 2024 “Key Insurance Implications Of Hawaii's Historic GHG Ruling," Law360, October 17, 2024
"A Primer On PFAS/Forever Chemical Claims: Regulation, Litigation, Large Losses & Insurance Coverage Issues," Mealey's Pollution Liability Report, Vol. 37, #8, (May 2024)
"Fire & Rain: 2023 Key Decisions & Developments Impacting the Wide World of Insurance," Mealey’s Litigation Reports (2023) [This article has been published in Mealey’s Litigation Reports: Mealey’s Coronavirus Law; Mealey’s Litigation Report: Class Action; Mealey’s Litigation Report: Insurance Bad Faith; Mealey’s Emerging Insurance Disputes; Mealey’s Emerging Securities Litigation; Mealey’s Litigation Report: Asbestos; Mealey’s Litigation Report: Reinsurance; Mealey’s Emerging Toxic Torts; Mealey’s Asbestos Bankruptcy; Mealey’s Litigation Report: Catastrophic Loss; and Mealey’s Artificial Intelligence. "Insurers Prepare for Large Exposures from PFAS Claims," Law360, August 23, 2023 "What The ESG Divide Means For Insurers And Beyond," Law360, July 13, 2023 "The Social Inflation Survival Guide: Identifying and Surviving the Dangerous Triple Barrel Threat of Social Inflation, Economic I inflation, and Greenflation in a Judicial Environment Swarming With Reptiles and Bombarded With Nuclear Verdicts," JD Supra (January 17, 2023) Key Insurance Cases and Developments – 2022 In Review, RPC's Annual Insurance Review 2023 (January 12, 2023) Expert Analysis - Opinion: Taming Plaintiffs' Thriving 'Reptile' Tactics: How To Start, Law360 (July 26, 2022) Expert Analysis: Seaman and Webster Examine One of the Leading Drivers of Social Inflation—the "Reptile Theory" Adopted by Plaintiffs' Counsel (July 20, 2022) "The United States: Insurers Are Prevailing In Coverage Cases, But COVID-19 Still Is Contributing To Social Inflation," Mealey's Emerging Insurance Disputes, Vol. 27, No. 12 (June 16, 2022) "Key U.S. Insurance Decisions, Trends, & Developments: ESG, Social Inflation, COVID-19, Cyber/Privacy, Civil Unrest, Opioids, Lead, Sexual Assault, & Other Perils Figure Prominently," Mealey's Emerging Insurance Disputes, Vol. 27, No. 1 (January 10, 2022) "A Review of Emerging Trends In Mergers & Acquisitions and Representations & Warranties Insurance," Mealey's Litigation Report: Emerging Insurance Disputes, Vol. 26, No. 7 (April 2021) "Insurance & Reinsurance – USA Trends and Developments," Chambers and Partners Global Practice Guides (February 2021) "2020 Cyber And Privacy Coverage – A Year In Review," Mealey's Litigation Report: Emerging Insurance Disputes, Vol. 26, No. 1 (January 2021) "Commercial Property Policies Are Hardly A Panacea For COVID-19 Business Interruption Losses," Mealey's Litigation Report: Catastrophic Loss, Vol. 15, No. 12 (September 2020) "COVID-19 Related Business Interruption Coverage Claims in the Age of Zoom," Mealey's Litigation Report: Insurance, Vol. 34, No. 40 (August 2020) "Property Coverage For Riot-Related Claims Is Not Automatic," Law360, New York (June 18, 2020) "An Overview Of COVID-19 Related Legislative, Regulatory, & Litigation Activity & The Potential Impact On Insurer Solvency," Mealey's Litigation Report: Insurance Insolvency, Vol. 31, No. 12 (April 2020) "Tracking The Flurry Of COVID-19 Related Legislative & Regulatory Activity Impacting Insurers," Mealey's Litigation Report: Catastrophic Loss, Vol. 15, No. 7 (April 2020) "Reinsurers Must Prepare for Coronavirus-Related Claims," Law360, New York, (April 9, 2020) "Tracking The Flurry Of COVID-19 Related Legislative & Regulatory Activity Impacting Insurers," Mealey's Litigation Report: Insurance, Vol. 34, No. 21 (April 1, 2020) "The Legal Trends Behind 'Social Inflation' in Insurance," Law360, New York, (February 21, 2020) "New York Court of Appeals Slams Door on 'Unavailability of Insurance' Exception," Law360, New York (March 30, 2018) "Opioid Insurance Litigation Is Mounting With Mixed Results," Law360, New York (November 21, 2017) "ALI Draft Restatement Misstates Key Insurance Law Issues," Law360, New York (September 18, 2017) "Key Insurance Coverage Trends and Decisions in the United States" Who's Who Legal: Insurance & Reinsurance (May 2017) "Door Closing on "Unavailability of Insurance" Exception: Part 2," Law360, New York (January 10, 2017) "Door Closing on "Unavailability of Insurance" Exception: Part 1," Law360, New York (January 9, 2017) "The Bellefonte Cap Returns," Best's Review (August 2016) "The Latest Developments in Insurance Bad Faith Litigation," DRI 2016 "The Tiring Terrain Insurance Contract Exhaustion," Law360, New York (June 12, 2015) "Indiana Supreme Court Shows Limits of 'All Sums' Allocation," Law360, New York (May 28, 2015) "Why Pro Rata Allocation Is the Majority Rule," Law360, New York (October 16, 2014) "NJ Courts Continue to Grapple With Allocation Issues," Law360, New York (October 7, 2014) "A Journey Through the Fundamental Requirement of Exhaustion," CPCU Reinsurance Encounters, Vol. 32, No. 1 (January 2014) "Don't Get Thrown Under The Buss: Insurers' Duties and Rights in Mixed Claims" (DRI 2013) "Contribution, Indemnity, Subrogation, and Allocation in Construction Defect Cases" (PLRB 2013) "Sharing the Fun Associated With Defective Construction Losses: Indemnity, Subrogation, and Contribution" (DRI 2012) "Number of Occurrences, Policy Periods, Exhaustion and Other Considerations Affecting Allocation of Losses," CPCU Reinsurance Encounters, Vol. 30, No. 1 (April 2012) "Insurers Saddled With Disproportionate Share of Loss Seek Reallocation Through Contribution Claims and 'Other Insurance' Clauses," CPCU Reinsurance Encounters, Vol. 29, No. 3 (December 2011) "A Primer on Allocation Methodologies — The 'All Sums' and Various 'Pro Rata' Approaches," CPCU Reinsurance Encounters, Vol. 29, No. 1 (March 2011) "Triggering Occurrence-Based Contracts and Understanding Claims-Made Contract Requirements," CPCU Reinsurance Encounters, Vol. 28, No. 3 (December 2010) "Professional Liability and Global Warming Claims" Liability For Climate Change? Experts' Views on a Potential Emerging Risk (Munich Re 2010) "Emerging Issues: Global Warming Claims and Coverage Issues," Defense Counsel Journal, Vol. 76 (January 2009)• "Global Warming Claims and Insurance Coverage Issues," Declarations (Winter 2008) "The Illinois Supreme Court's Decision In Kajima Limits Illinois' 'Targeted Tender' Rule and Establishes Illinois as a Pro Rata Allocation Jurisdiction," Mealey's Litigation Report: Insurance, Vol. 22, No. 11 (January 17, 2008) "Allocation Issues Presented By Reinsurance Cessions: Perspectives of Ceding Companies, Reinsurers, and Umpires," The Insurance and Reinsurance Allocation Party's National Convention (West Legalworks 2007) "A Basic Overview of Issues Potentially Impacting Insurance Coverage Resulting From a Policyholder's Chapter 11 Bankruptcy," The Insurance and Reinsurance Allocation Superbowl (West Legalworks 2007) "Insurance Settlements and Buy-Outs: You Can't Always Get What You Want, But If You Try, You Can Get What You Need," (ABA Insurance Coverage Committee March 2007) "Recent Developments In Excess, Surplus Lines, and Reinsurance Law," Tort & Insurance Law Journal, Vol. 39, No. 2 (Winter 2004) "Bankruptcy & Insurance Coverage Issues in the Context of Asbestos-Related Claims" (2003) "An Overview of Allocation Methodologies for Defense and Indemnity Costs and Insurers' Rights of Recoupment" (DRI 2001)• "Defense Cost Allocations, Recoupment and Reasonable Attorney Fees" (West 2000) "The Year 2000 Problem: The Good, The Bad & The Ugly," Mealey's Litigation Report: Insurance, Vol. 13, No. 33 (July 7, 1999) "An Overview of the Firearms Industry Litigation" (March 1999) "A Comprehensive Analysis of Allocation/Apportionment of Losses Involving Complex Insurance Coverage Claims," Focus On Excess Insurance (Lorman Education Services February 1999) "The Good the Bad and the Ugly About Joint Defense," The Brief ABA Tort & Insurance Practice Section, Vol. 28, No. 1 (Fall 1998) "All Counsel for Insurers that Participated in a Joint Defense are Disqualified," For The Defense Vol. 39, No. 8 (August 1997) "Mounting the Joint Defense in Complex Insurance Coverage Litigation," For The Defense Vol. 39, No. 7 (July 1997) "The Anatomy of a Joint Defense in Complex Insurance Coverage Litigation," For The Defense Vol. 39, No. 6 (June 1997) "Excess Liability Insurance: Law and Litigation," Tort & Insurance Law Journal, Vol. 32, No. 3 (ABA, Spring 1997) "Substantive Coverage Issues In 'Long Tail' Claims: Trigger, Pollution Exclusion, and Duty to Defend," Environmental Coverage Litigation — From Soup to Nuts (ISBA May 1997) "Excess Liability Insurance Issues in an Era of Increased Exposure and Visibility," Sixth Annual Institute Contemporary Reinsurance and Excess Insurance Issues (Glasser 1996) "Can Daubert Bar 'Witchcraft' From The Courtroom? Or Does the Case Only Heighten the Level of Judicial Scrutiny," Corporate Legal Times (May 1995) "Think Proactively About Product Liability Management," Corporate Legal Times (September 1994) "Using Surprise to Capture the Expert Witness," For The Defense, (April 1993) "Achieving Case Objectives Through Deposition Strategy" (ABA TIPS, August 1990) "When The Other Side Sends You a Subpoena," The Brief ABA Tort & Insurance Practice Section, Vol. 19, No.3, (Spring 1990) Other Writings (Authored or Co-authored)
[White Paper] Part Two: What Insurers and Policyholders Should Know About ESG Under Trump 2.0 Insights for Insurers (March 13, 2025) [White Paper] Part One: What Insurers and Policyholders Should Know About ESG Under Trump 2.0 Insights for Insurers (March 10, 2025)
Hinshaw Readers’ Choice Awards: Top Insurance Articles of 2024 Insights for Insurers (December 30, 2024)
[White Paper] A Look Back at Key Insurance Developments in 2024 and a Look Ahead to 2025 (December 4, 2024)
[Commentary] An Updated Primer on PFAS/Forever Chemical Claims: Regulation, Litigation, Large Losses, and Insurance Coverage Issues (November 14, 2024)
How the 2024 U.S. Election Results Will Impact Insurers: A First Attempt at Reading the Tea Leaves (November 11, 2024)
How the U.S. Supreme Court's Rulings on Kaiser and Purdue Pharma Affect Insurers' Rights and Interests in Chapter 11 Cases (October 29, 2024)
The Hawaii Supreme Court Determines that Greenhouse Gases are "Pollutants" and Ruled Coverage for Climate-Related Claims is Barred by Pollution Exclusions Insights for Insurers (October 10, 2024)
NYSDFS Issues Final Circular for Insurers on Artificial Intelligence and External Data Use Insights for Insurers (August 26, 2024)
[Commentary] A Trilogy of U.S. Supreme Court Decisions Empower Regulated Entities to Challenge Agency Regulations and Actions Insights for Insurers (July 10, 2024)
How Several U.S. Supreme Court Cases This Term Will Significantly Impact Insurers Insights for Insurers (March 28, 2024)
[White Paper] United States Insurance Trends and Decisions 2023 Insights for Insurers (December 21, 2023)
Two Cases Directly Impacting Insurers Are Currently Pending Before the United States Supreme Court Insights for Insurers (November 6, 2023)
EPA Issues Final Rule Under TSCA Requires Reporting of PFAS (1,462 CHEMICALS) Within 18 Months Insights for Insurers (October 16, 2023)
Insurers Face Large PFAS-Related Losses: A Primer on Forever Chemical Regulation, Liabilities, and Insurance Coverage Issues Insights for Insurers (August 30, 2023)
Punitive Damages Are Now Available in Wrongful Death and Survival Claims in Illinois Insights for Insurers (August 15, 2023)
Scott Seaman Discusses Insurers' Steps to Limit Exposures in California and Florida Homeowner Insurance Markets Insights for Insurers (July 19, 2023)
When ESG Met Mickey Mouse: The Business Judgment Rule Saves Disney Officers and Directors in a Stockholder Records Action Hinshaw Alert (July 18, 2023)
The Impact of Recent U.S. Supreme Court Decisions on Insurers and Other Companies and Market Consequences of ESG Missteps Insights for Insurers (July 5, 2023)
The Social Inflation Survival Guide Insights for Insurers (May 1, 2023) What are the Insurance Implications of Proposed Anti-ESG Legislation in Texas and Elsewhere? Insights for Insurers (March 28, 2023) Key Insurance Cases and Developments – 2022 In Review Insights for Insurers (February 27, 2023) Ohio Supreme Court Rules No Coverage For Ransomware Attack Under BOP Policy Because Computer Software Sustained No Direct Physical Damage Insights for Insurers (December 28, 2022) Washington Supreme Court Strikes Down A “Claims-Made” Policy Issued To A Contractor On Public Policy Grounds Insights for Insurers (August 19, 2022) Insurers Are Confronting the Combined Forces of Social Inflation, Price Level Inflation, and Greenflation Insights for Insurers (July 28, 2022) [WHITE PAPER] West Virginia v. EPA: Insurers Should Consider How Big of a Bite the U.S. Supreme Court Took Out of the "E" in ESG Insights for Insurers (July 7, 2022) DOJ and EPA Announce Comprehensive Strategy to Hand Out Environmental Justice Nationwide Insights for Insurers (May 11, 2022) New York Appellate Court Rules Insurer Accepting Service and Assigning Counsel to Defend Defunct Insured Retains Coverage Defenses and is Only Liable for Settlements on a Pro Rata Basis Insights for Insurers (March 24, 2022) COVID-19 Coverage Litigation: Insurers Maintain Unbeaten Record in All Appellate Court Decisions to Date Insights for Insurers (March 24, 2022) Colorado Supreme Court Rules Insurance Adjuster is not Personally Liable for Claim Denial Insights for Insurers (March 16, 2022) Part Seven: Reviewing Key U.S. Insurance Decisions, Trends, & Developments Insights for Insurers (March 15, 2022) Part Six: Reviewing Key U.S. Insurance Decisions, Trends, & Developments Insights for Insurers (March 10, 2022) Part Five: Reviewing Key U.S. Insurance Decisions, Trends, & Developments Insights for Insurers (March 3, 2022) Part Four: Reviewing Key U.S. Insurance Decisions, Trends, & Developments Insights for Insurers (March 1, 2022)Split Panel of the Seventh Circuit Rules Largely in Favor of Policyholder on Defense Issues for Nassar USAG Sexual Assault Claims Under D&O Policy Insights for Insurers (March 1, 2022) The Texas Supreme Court Expands the Circumstances Under Which Extrinsic Evidence Can Be Used by Insurers to Disclaim A Defense Insights for Insurers (February 17, 2022) Part Three: Reviewing Key U.S. Insurance Decisions, Trends, & Developments Insights for Insurers (February 15, 2022) Part Two: Reviewing Key U.S. Insurance Decisions, Trends, & Developments Insights for Insurers (February 11, 2022) Part One: Reviewing Key U.S. Insurance Decisions, Trends, & Developments Insights for Insurers (February 3, 2022) The Bell Tolls for the "Bellefonte Cap” Insights for Insurers (December 28, 2021) Second Circuit Rules Indemnity Provision in Construction Contract Trumps "Other Insurance" Clause in Determining Priority of Coverage Insights for Insurers (October 27, 2021) Comments Due to the Federal Insurance Office on its Wide-Ranging Work Relating to the Insurance Sector and Climate-Related Financial Risks Insights for Insurers (October 12, 2021) Double Tic-Tac-Toe: Insurers Have Now Prevailed in The First Six U.S. Court of Appeals Decisions Regarding COVID-19 Coverage Insights for Insurers (October 4, 2021) Insurers Take the Lead on ESG/Sustainability Initiatives Insights for Insurers (September 30, 2021) Tic-Tac-Toe, Sixth Circuit The Latest of Three United States Court of Appeals Decisions to Have Found No Coverage For COVID-19 Claims Based Upon The Absence of Direct Physical Loss Insights for Insurers (September 24, 2021) COVID-19 Coverage Update: Insurers Prevail in First Two U.S. Appellate Court Decisions Insights for Insurers (September 7, 2021)Florida Enacts Significant Reform Impacting Property Insurance Claims Insights for Insurers (June 24, 2021) Seventh Circuit Affirms "Information Laws" Exclusion Precludes Coverage for TCPA and Related Common Law Claims Insights for Insurers (April 23, 2021) Does Tilted Turtle's Slow Payment and Carapace Response Entitle Insurer to Liability Policy Rescission? Insights for Insurers (April 6, 2021 A Review of Emerging Trends in Mergers & Acquisitions and Representations & Warranties Insurance Insights for Insurers (March 30, 2021) U.S. Senate Bill Would Provide Safe Harbor for Insurers That Insure Cannabis-Related Businesses Operating in Compliance With State and Local Law Insights for Insurers (March 25, 2021) $6 Million Phishing Loss Does not Trigger Coverage Under Crime Policies Insights for Insurers: Cyber Coverage (March 1, 2021) Fifth Circuit Affirms No Computer Transfer Fraud Coverage for Phishing Scam Insights for Insurers (February 8, 2021) Insurance Policy Choice of Law Provision Again Faces Public Policy Challenge Insights for Insurers (December 24, 2020) No E&O Coverage for Title Agent's Phishing Losses Insights for Insurers: Cyber Coverage (December 4, 2020) Where We Stand: The Latest Snapshot of COVID-19 Business Interruption Insurance Coverage Litigation Insights for Insurers (October 21, 2020) Proposed Federal Business Interruption Relief Act Introduced, But Text Not Submitted Yet Insights for Insurers (July 9, 2020) Congresswoman Maloney Announces Made In America: Preparation for a Pandemic Act Insights for Insurers (July 9, 2020) What a Difference a Word Makes: "Any Insured" Cross Liability Exclusion Bars Coverage for Lawsuit Against Additional Insured Insights for Insurers (June 3, 2020) Update on Proposed COVID-19 Insurance Coverage Legislation and Litigation: Are Cooler Heads Beginning to Prevail? Insights for Insurers (June 1, 2020) Recent Pro-Insurer Developments Concerning COVID-19 Coverage Exposures Insights for Insurers (May 27, 2020) Illinois Legislature Passes COVID-19 Workers' Compensation Bill Containing Rebuttable Presumption for Front-Line Workers Insights for Insurers (May 26, 2020) Proposed Illinois Bill Would Create a COVID-19 Business Interruption Insurance Task Force Insights for Insurers (May 22, 2020) Early COVID-19 Liability Suits Raise Employment Practices Liability Insurance Issues Insights for Insurers (May 12, 2020) Ohio Supreme Court Rules Pro Rata Allocation Method Required Under "Those Sums" Policies Where Timing of Damages is Known or Knowable Insights for Insurers (April 24, 2020) State Insurance Commissioners Weigh In On Business Interruption Coverage for COVID-19 Losses Insights for Insurers (April 22, 2020) California Department of Insurance Issues Notice to Insurers to Comply with their Legal Requirements with Respect to COVID-19 Related Business Interruption Claims Insights for Insurers (April 17, 2020) Proposed Federal Business Interruption Insurance Coverage Act Insights for Insurers (April 17, 2020) Virus Exclusions Are Not Preventing Some Policyholders from Filing COVID-19 Coverage Lawsuits Insights for Insurers (April 15, 2020) Additional Insights for Insurers From New COVID-19 Coverage Suits Insights for Insurers (April 9, 2020) Insights on the First COVID-19 Coverage Lawsuits Insights for Insurers (April 4, 2020) TCPA Fax Claim Is Not a Covered Occurrence; Personal and Advertising Injury Coverage Is Also Not Triggered, Rules Pennsylvania Federal Court Insights for Insurers (April 1, 2020) Chicago-Area Restaurants Seek Insurance Coverage for COVID-19 Business Interruption Losses in Illinois Federal Court Insights for Insurers (March 31, 2020) California is the Next State to Request Business Interruption Coverage Information from Insurers Insights for Insurers (March 30, 2020) Insurers Must Be Proactive to Comply With Federal, State, and Local COVID-19-Related Laws and Regulations to Limit Potential Governmental Overreach Insights for Insurers (March 27, 2020) Appellate Court Rules Insurers Have Duty to Defend Illinois Biometric Privacy Claim Insights for Insurers (March 25, 2020) COVID-19, Broken Supply Chains, and Force Majeure Insights for Insurers (March 21, 2020) U.S. Congress Members Call for Business Interruption Coverage for COVID-19 Losses Insights for Insurers (March 20, 2020)Future of New Jersey COVID-19 Insurance Coverage Bill is in Question Insights for Insurers (March 19, 2020) Publication is not Publishing: Ninth Circuit Says Insurer Must Defend Privacy Suit Insights for Insurers: Cyber Coverage (March 18, 2020) As COVID-19 Coverage Law Suits Are Filed, New Jersey Legislature Considers Mandated COVID-19 Business Interruption Coverage Insights for Insurers (March 17, 2020) NYDFS Instructs Insurers to Provide Explanations of Coverage for COVID-19 Losses Insights for Insurers (March 13, 2020) Evaluating the Insurability of CCPA Fines Assessed by the California Attorney General Insights for Insurers: Cyber Coverage (March 12, 2020) Fourth Circuit Holds Privacy Exclusion Bars Coverage for Law Firm's DPPA Claim Insights for Insurers: Cyber Coverage (March 10, 2020) Insureds Likely Face Uphill Battle in Seeking Coverage for Coronavirus Losses Insights for Insurers (March 9, 2020) The Latest Decision in the Global Re Case Insights for Insurers (March 6, 2020) Computer Fraud and Funds Transfer Fraud Coverages Not Triggered by Social Engineering Phishing Scam Insights for Insurers: Cyber Coverage (March 2, 2020) Coverage for Phishing Loss Precluded by Voluntary Parting Exclusion; Forgery Coverage Not Triggered Insights for Insurers: Cyber Coverage (February 26, 2020) Court Rejects Coverage for Phishing Loss Under Financial Institutions Bond, Calls for More Briefing on Computer Systems Fraud Coverage Issue Insights for Insurers: Cyber Coverage (February 17, 2020) Insurers Take Steps to Reduce Silent Cyber Exposure Insights for Insurers: Cyber Coverage (February 10, 2020) Commonsense Prevails; Intentional Attack is not an Insured Accident Insights for Insurers (February 7, 2020) Confirming a "But-For" Test, Federal Court Rejects "Semantic" Attempt to Narrow Liability Policy's TCPA Exclusion Insights for Insurers (January 31, 2020) Policyholders Face Substantial Challenges in Obtaining Coverage for Cyber Claims Under First-Party Property Policies Insights for Insurers: Cyber Coverage (January 29, 2020) New York's High Court Delivers a Blow to the Bellefonte Cap Hinshaw Alert (December 15, 2017)
“Sustainability Recalibration: What Insurers And Policyholders Should Know About ESG (Environmental, Social, and Governance Considerations) Under Trump 2.0, Part 2,” Mealey’s Litigation Report: Insurance March 12, 2025; Mealey’s Emerging Insurance Disputes March 20, 2025; Mealey’s Litigation Report: Reinsurance March 21, 2025; Mealey’s Litigation Report: ERISA April 9, 2025; Mealey’s Litigation Report: Catastrophic Loss April 11, 2025; Mealey’s Emerging Securities Litigation April 14, 2025; Mealey’s Litigation Report: Pollution Liability April 14, 2025; Mealey’s Litigation Report: Cyber Tech & E-Commerce April 15, 2025; Mealey’s Litigation Report: Insurance Bad Faith April 15, 2025; and Mealey’s Asbestos Bankruptcy Report April 25, 2025
“2024 Key Insurance Decisions, Trends, & Developments & A Look Ahead To 2025,” Mealey’s Litigation Report: Insurance December 4, 2024; Mealey’s Litigation Report: Catastrophic Loss December 13, 2024; Mealey’s Litigation Report: Insurance Bad Faith December 3, 2024; Mealey’s Litigation Report: Asbestos December 4, 2024; Mealey’s Artificial Intelligence December 11, 2024; Mealey’s Emerging Toxic Torts December 17, 2024; Mealey’s Asbestos Bankruptcy Report on December 20, 2024; Mealey’s Emerging Insurance Disputes December 5, 2024; Mealey’s Litigation Report: Reinsurance December 6, 2024; Mealey’s Coronavirus Law November 26, 2024; Mealey’s Personal Injury Report November 27, 2024; Mealey’s Litigation Report: ERISA December 11, 2024; Mealey’s Fracking Report December 10, 2024; Mealey’s Litigation Report: Insurance Insolvency December 23, 2024; Mealey’s Litigation Report: Cyber Tech & E-Commerce December 17, 2024; and Mealey’s Emerging Securities December 9, 2024 “Key Insurance Implications Of Hawaii's Historic GHG Ruling," Law360, October 17, 2024
"A Primer On PFAS/Forever Chemical Claims: Regulation, Litigation, Large Losses & Insurance Coverage Issues," Mealey's Pollution Liability Report, Vol. 37, #8, (May 2024)
"Fire & Rain: 2023 Key Decisions & Developments Impacting the Wide World of Insurance," Mealey’s Litigation Reports (2023) [This article has been published in Mealey’s Litigation Reports: Mealey’s Coronavirus Law; Mealey’s Litigation Report: Class Action; Mealey’s Litigation Report: Insurance Bad Faith; Mealey’s Emerging Insurance Disputes; Mealey’s Emerging Securities Litigation; Mealey’s Litigation Report: Asbestos; Mealey’s Litigation Report: Reinsurance; Mealey’s Emerging Toxic Torts; Mealey’s Asbestos Bankruptcy; Mealey’s Litigation Report: Catastrophic Loss; and Mealey’s Artificial Intelligence. "Insurers Prepare for Large Exposures from PFAS Claims," Law360, August 23, 2023 "What The ESG Divide Means For Insurers And Beyond," Law360, July 13, 2023 "The Social Inflation Survival Guide: Identifying and Surviving the Dangerous Triple Barrel Threat of Social Inflation, Economic I inflation, and Greenflation in a Judicial Environment Swarming With Reptiles and Bombarded With Nuclear Verdicts," JD Supra (January 17, 2023) Key Insurance Cases and Developments – 2022 In Review, RPC's Annual Insurance Review 2023 (January 12, 2023) Expert Analysis - Opinion: Taming Plaintiffs' Thriving 'Reptile' Tactics: How To Start, Law360 (July 26, 2022) Expert Analysis: Seaman and Webster Examine One of the Leading Drivers of Social Inflation—the "Reptile Theory" Adopted by Plaintiffs' Counsel (July 20, 2022) "The United States: Insurers Are Prevailing In Coverage Cases, But COVID-19 Still Is Contributing To Social Inflation," Mealey's Emerging Insurance Disputes, Vol. 27, No. 12 (June 16, 2022) "Key U.S. Insurance Decisions, Trends, & Developments: ESG, Social Inflation, COVID-19, Cyber/Privacy, Civil Unrest, Opioids, Lead, Sexual Assault, & Other Perils Figure Prominently," Mealey's Emerging Insurance Disputes, Vol. 27, No. 1 (January 10, 2022) "A Review of Emerging Trends In Mergers & Acquisitions and Representations & Warranties Insurance," Mealey's Litigation Report: Emerging Insurance Disputes, Vol. 26, No. 7 (April 2021) "Insurance & Reinsurance – USA Trends and Developments," Chambers and Partners Global Practice Guides (February 2021) "2020 Cyber And Privacy Coverage – A Year In Review," Mealey's Litigation Report: Emerging Insurance Disputes, Vol. 26, No. 1 (January 2021) "Commercial Property Policies Are Hardly A Panacea For COVID-19 Business Interruption Losses," Mealey's Litigation Report: Catastrophic Loss, Vol. 15, No. 12 (September 2020) "COVID-19 Related Business Interruption Coverage Claims in the Age of Zoom," Mealey's Litigation Report: Insurance, Vol. 34, No. 40 (August 2020) "Property Coverage For Riot-Related Claims Is Not Automatic," Law360, New York (June 18, 2020) "An Overview Of COVID-19 Related Legislative, Regulatory, & Litigation Activity & The Potential Impact On Insurer Solvency," Mealey's Litigation Report: Insurance Insolvency, Vol. 31, No. 12 (April 2020) "Tracking The Flurry Of COVID-19 Related Legislative & Regulatory Activity Impacting Insurers," Mealey's Litigation Report: Catastrophic Loss, Vol. 15, No. 7 (April 2020) "Reinsurers Must Prepare for Coronavirus-Related Claims," Law360, New York, (April 9, 2020) "Tracking The Flurry Of COVID-19 Related Legislative & Regulatory Activity Impacting Insurers," Mealey's Litigation Report: Insurance, Vol. 34, No. 21 (April 1, 2020) "The Legal Trends Behind 'Social Inflation' in Insurance," Law360, New York, (February 21, 2020) "New York Court of Appeals Slams Door on 'Unavailability of Insurance' Exception," Law360, New York (March 30, 2018) "Opioid Insurance Litigation Is Mounting With Mixed Results," Law360, New York (November 21, 2017) "ALI Draft Restatement Misstates Key Insurance Law Issues," Law360, New York (September 18, 2017) "Key Insurance Coverage Trends and Decisions in the United States" Who's Who Legal: Insurance & Reinsurance (May 2017) "Door Closing on "Unavailability of Insurance" Exception: Part 2," Law360, New York (January 10, 2017) "Door Closing on "Unavailability of Insurance" Exception: Part 1," Law360, New York (January 9, 2017) "The Bellefonte Cap Returns," Best's Review (August 2016) "The Latest Developments in Insurance Bad Faith Litigation," DRI 2016 "The Tiring Terrain Insurance Contract Exhaustion," Law360, New York (June 12, 2015) "Indiana Supreme Court Shows Limits of 'All Sums' Allocation," Law360, New York (May 28, 2015) "Why Pro Rata Allocation Is the Majority Rule," Law360, New York (October 16, 2014) "NJ Courts Continue to Grapple With Allocation Issues," Law360, New York (October 7, 2014) "A Journey Through the Fundamental Requirement of Exhaustion," CPCU Reinsurance Encounters, Vol. 32, No. 1 (January 2014) "Don't Get Thrown Under The Buss: Insurers' Duties and Rights in Mixed Claims" (DRI 2013) "Contribution, Indemnity, Subrogation, and Allocation in Construction Defect Cases" (PLRB 2013) "Sharing the Fun Associated With Defective Construction Losses: Indemnity, Subrogation, and Contribution" (DRI 2012) "Number of Occurrences, Policy Periods, Exhaustion and Other Considerations Affecting Allocation of Losses," CPCU Reinsurance Encounters, Vol. 30, No. 1 (April 2012) "Insurers Saddled With Disproportionate Share of Loss Seek Reallocation Through Contribution Claims and 'Other Insurance' Clauses," CPCU Reinsurance Encounters, Vol. 29, No. 3 (December 2011) "A Primer on Allocation Methodologies — The 'All Sums' and Various 'Pro Rata' Approaches," CPCU Reinsurance Encounters, Vol. 29, No. 1 (March 2011) "Triggering Occurrence-Based Contracts and Understanding Claims-Made Contract Requirements," CPCU Reinsurance Encounters, Vol. 28, No. 3 (December 2010) "Professional Liability and Global Warming Claims" Liability For Climate Change? Experts' Views on a Potential Emerging Risk (Munich Re 2010) "Emerging Issues: Global Warming Claims and Coverage Issues," Defense Counsel Journal, Vol. 76 (January 2009)• "Global Warming Claims and Insurance Coverage Issues," Declarations (Winter 2008) "The Illinois Supreme Court's Decision In Kajima Limits Illinois' 'Targeted Tender' Rule and Establishes Illinois as a Pro Rata Allocation Jurisdiction," Mealey's Litigation Report: Insurance, Vol. 22, No. 11 (January 17, 2008) "Allocation Issues Presented By Reinsurance Cessions: Perspectives of Ceding Companies, Reinsurers, and Umpires," The Insurance and Reinsurance Allocation Party's National Convention (West Legalworks 2007) "A Basic Overview of Issues Potentially Impacting Insurance Coverage Resulting From a Policyholder's Chapter 11 Bankruptcy," The Insurance and Reinsurance Allocation Superbowl (West Legalworks 2007) "Insurance Settlements and Buy-Outs: You Can't Always Get What You Want, But If You Try, You Can Get What You Need," (ABA Insurance Coverage Committee March 2007) "Recent Developments In Excess, Surplus Lines, and Reinsurance Law," Tort & Insurance Law Journal, Vol. 39, No. 2 (Winter 2004) "Bankruptcy & Insurance Coverage Issues in the Context of Asbestos-Related Claims" (2003) "An Overview of Allocation Methodologies for Defense and Indemnity Costs and Insurers' Rights of Recoupment" (DRI 2001)• "Defense Cost Allocations, Recoupment and Reasonable Attorney Fees" (West 2000) "The Year 2000 Problem: The Good, The Bad & The Ugly," Mealey's Litigation Report: Insurance, Vol. 13, No. 33 (July 7, 1999) "An Overview of the Firearms Industry Litigation" (March 1999) "A Comprehensive Analysis of Allocation/Apportionment of Losses Involving Complex Insurance Coverage Claims," Focus On Excess Insurance (Lorman Education Services February 1999) "The Good the Bad and the Ugly About Joint Defense," The Brief ABA Tort & Insurance Practice Section, Vol. 28, No. 1 (Fall 1998) "All Counsel for Insurers that Participated in a Joint Defense are Disqualified," For The Defense Vol. 39, No. 8 (August 1997) "Mounting the Joint Defense in Complex Insurance Coverage Litigation," For The Defense Vol. 39, No. 7 (July 1997) "The Anatomy of a Joint Defense in Complex Insurance Coverage Litigation," For The Defense Vol. 39, No. 6 (June 1997) "Excess Liability Insurance: Law and Litigation," Tort & Insurance Law Journal, Vol. 32, No. 3 (ABA, Spring 1997) "Substantive Coverage Issues In 'Long Tail' Claims: Trigger, Pollution Exclusion, and Duty to Defend," Environmental Coverage Litigation — From Soup to Nuts (ISBA May 1997) "Excess Liability Insurance Issues in an Era of Increased Exposure and Visibility," Sixth Annual Institute Contemporary Reinsurance and Excess Insurance Issues (Glasser 1996) "Can Daubert Bar 'Witchcraft' From The Courtroom? Or Does the Case Only Heighten the Level of Judicial Scrutiny," Corporate Legal Times (May 1995) "Think Proactively About Product Liability Management," Corporate Legal Times (September 1994) "Using Surprise to Capture the Expert Witness," For The Defense, (April 1993) "Achieving Case Objectives Through Deposition Strategy" (ABA TIPS, August 1990) "When The Other Side Sends You a Subpoena," The Brief ABA Tort & Insurance Practice Section, Vol. 19, No.3, (Spring 1990) Other Writings (Authored or Co-authored)
[White Paper] Part Two: What Insurers and Policyholders Should Know About ESG Under Trump 2.0 Insights for Insurers (March 13, 2025) [White Paper] Part One: What Insurers and Policyholders Should Know About ESG Under Trump 2.0 Insights for Insurers (March 10, 2025)
Hinshaw Readers’ Choice Awards: Top Insurance Articles of 2024 Insights for Insurers (December 30, 2024)
[White Paper] A Look Back at Key Insurance Developments in 2024 and a Look Ahead to 2025 (December 4, 2024)
[Commentary] An Updated Primer on PFAS/Forever Chemical Claims: Regulation, Litigation, Large Losses, and Insurance Coverage Issues (November 14, 2024)
How the 2024 U.S. Election Results Will Impact Insurers: A First Attempt at Reading the Tea Leaves (November 11, 2024)
How the U.S. Supreme Court's Rulings on Kaiser and Purdue Pharma Affect Insurers' Rights and Interests in Chapter 11 Cases (October 29, 2024)
The Hawaii Supreme Court Determines that Greenhouse Gases are "Pollutants" and Ruled Coverage for Climate-Related Claims is Barred by Pollution Exclusions Insights for Insurers (October 10, 2024)
NYSDFS Issues Final Circular for Insurers on Artificial Intelligence and External Data Use Insights for Insurers (August 26, 2024)
[Commentary] A Trilogy of U.S. Supreme Court Decisions Empower Regulated Entities to Challenge Agency Regulations and Actions Insights for Insurers (July 10, 2024)
How Several U.S. Supreme Court Cases This Term Will Significantly Impact Insurers Insights for Insurers (March 28, 2024)
[White Paper] United States Insurance Trends and Decisions 2023 Insights for Insurers (December 21, 2023)
Two Cases Directly Impacting Insurers Are Currently Pending Before the United States Supreme Court Insights for Insurers (November 6, 2023)
EPA Issues Final Rule Under TSCA Requires Reporting of PFAS (1,462 CHEMICALS) Within 18 Months Insights for Insurers (October 16, 2023)
Insurers Face Large PFAS-Related Losses: A Primer on Forever Chemical Regulation, Liabilities, and Insurance Coverage Issues Insights for Insurers (August 30, 2023)
Punitive Damages Are Now Available in Wrongful Death and Survival Claims in Illinois Insights for Insurers (August 15, 2023)
Scott Seaman Discusses Insurers' Steps to Limit Exposures in California and Florida Homeowner Insurance Markets Insights for Insurers (July 19, 2023)
When ESG Met Mickey Mouse: The Business Judgment Rule Saves Disney Officers and Directors in a Stockholder Records Action Hinshaw Alert (July 18, 2023)
The Impact of Recent U.S. Supreme Court Decisions on Insurers and Other Companies and Market Consequences of ESG Missteps Insights for Insurers (July 5, 2023)
The Social Inflation Survival Guide Insights for Insurers (May 1, 2023) What are the Insurance Implications of Proposed Anti-ESG Legislation in Texas and Elsewhere? Insights for Insurers (March 28, 2023) Key Insurance Cases and Developments – 2022 In Review Insights for Insurers (February 27, 2023) Ohio Supreme Court Rules No Coverage For Ransomware Attack Under BOP Policy Because Computer Software Sustained No Direct Physical Damage Insights for Insurers (December 28, 2022) Washington Supreme Court Strikes Down A “Claims-Made” Policy Issued To A Contractor On Public Policy Grounds Insights for Insurers (August 19, 2022) Insurers Are Confronting the Combined Forces of Social Inflation, Price Level Inflation, and Greenflation Insights for Insurers (July 28, 2022) [WHITE PAPER] West Virginia v. EPA: Insurers Should Consider How Big of a Bite the U.S. Supreme Court Took Out of the "E" in ESG Insights for Insurers (July 7, 2022) DOJ and EPA Announce Comprehensive Strategy to Hand Out Environmental Justice Nationwide Insights for Insurers (May 11, 2022) New York Appellate Court Rules Insurer Accepting Service and Assigning Counsel to Defend Defunct Insured Retains Coverage Defenses and is Only Liable for Settlements on a Pro Rata Basis Insights for Insurers (March 24, 2022) COVID-19 Coverage Litigation: Insurers Maintain Unbeaten Record in All Appellate Court Decisions to Date Insights for Insurers (March 24, 2022) Colorado Supreme Court Rules Insurance Adjuster is not Personally Liable for Claim Denial Insights for Insurers (March 16, 2022) Part Seven: Reviewing Key U.S. Insurance Decisions, Trends, & Developments Insights for Insurers (March 15, 2022) Part Six: Reviewing Key U.S. Insurance Decisions, Trends, & Developments Insights for Insurers (March 10, 2022) Part Five: Reviewing Key U.S. Insurance Decisions, Trends, & Developments Insights for Insurers (March 3, 2022) Part Four: Reviewing Key U.S. Insurance Decisions, Trends, & Developments Insights for Insurers (March 1, 2022)Split Panel of the Seventh Circuit Rules Largely in Favor of Policyholder on Defense Issues for Nassar USAG Sexual Assault Claims Under D&O Policy Insights for Insurers (March 1, 2022) The Texas Supreme Court Expands the Circumstances Under Which Extrinsic Evidence Can Be Used by Insurers to Disclaim A Defense Insights for Insurers (February 17, 2022) Part Three: Reviewing Key U.S. Insurance Decisions, Trends, & Developments Insights for Insurers (February 15, 2022) Part Two: Reviewing Key U.S. Insurance Decisions, Trends, & Developments Insights for Insurers (February 11, 2022) Part One: Reviewing Key U.S. Insurance Decisions, Trends, & Developments Insights for Insurers (February 3, 2022) The Bell Tolls for the "Bellefonte Cap” Insights for Insurers (December 28, 2021) Second Circuit Rules Indemnity Provision in Construction Contract Trumps "Other Insurance" Clause in Determining Priority of Coverage Insights for Insurers (October 27, 2021) Comments Due to the Federal Insurance Office on its Wide-Ranging Work Relating to the Insurance Sector and Climate-Related Financial Risks Insights for Insurers (October 12, 2021) Double Tic-Tac-Toe: Insurers Have Now Prevailed in The First Six U.S. Court of Appeals Decisions Regarding COVID-19 Coverage Insights for Insurers (October 4, 2021) Insurers Take the Lead on ESG/Sustainability Initiatives Insights for Insurers (September 30, 2021) Tic-Tac-Toe, Sixth Circuit The Latest of Three United States Court of Appeals Decisions to Have Found No Coverage For COVID-19 Claims Based Upon The Absence of Direct Physical Loss Insights for Insurers (September 24, 2021) COVID-19 Coverage Update: Insurers Prevail in First Two U.S. Appellate Court Decisions Insights for Insurers (September 7, 2021)Florida Enacts Significant Reform Impacting Property Insurance Claims Insights for Insurers (June 24, 2021) Seventh Circuit Affirms "Information Laws" Exclusion Precludes Coverage for TCPA and Related Common Law Claims Insights for Insurers (April 23, 2021) Does Tilted Turtle's Slow Payment and Carapace Response Entitle Insurer to Liability Policy Rescission? Insights for Insurers (April 6, 2021 A Review of Emerging Trends in Mergers & Acquisitions and Representations & Warranties Insurance Insights for Insurers (March 30, 2021) U.S. Senate Bill Would Provide Safe Harbor for Insurers That Insure Cannabis-Related Businesses Operating in Compliance With State and Local Law Insights for Insurers (March 25, 2021) $6 Million Phishing Loss Does not Trigger Coverage Under Crime Policies Insights for Insurers: Cyber Coverage (March 1, 2021) Fifth Circuit Affirms No Computer Transfer Fraud Coverage for Phishing Scam Insights for Insurers (February 8, 2021) Insurance Policy Choice of Law Provision Again Faces Public Policy Challenge Insights for Insurers (December 24, 2020) No E&O Coverage for Title Agent's Phishing Losses Insights for Insurers: Cyber Coverage (December 4, 2020) Where We Stand: The Latest Snapshot of COVID-19 Business Interruption Insurance Coverage Litigation Insights for Insurers (October 21, 2020) Proposed Federal Business Interruption Relief Act Introduced, But Text Not Submitted Yet Insights for Insurers (July 9, 2020) Congresswoman Maloney Announces Made In America: Preparation for a Pandemic Act Insights for Insurers (July 9, 2020) What a Difference a Word Makes: "Any Insured" Cross Liability Exclusion Bars Coverage for Lawsuit Against Additional Insured Insights for Insurers (June 3, 2020) Update on Proposed COVID-19 Insurance Coverage Legislation and Litigation: Are Cooler Heads Beginning to Prevail? Insights for Insurers (June 1, 2020) Recent Pro-Insurer Developments Concerning COVID-19 Coverage Exposures Insights for Insurers (May 27, 2020) Illinois Legislature Passes COVID-19 Workers' Compensation Bill Containing Rebuttable Presumption for Front-Line Workers Insights for Insurers (May 26, 2020) Proposed Illinois Bill Would Create a COVID-19 Business Interruption Insurance Task Force Insights for Insurers (May 22, 2020) Early COVID-19 Liability Suits Raise Employment Practices Liability Insurance Issues Insights for Insurers (May 12, 2020) Ohio Supreme Court Rules Pro Rata Allocation Method Required Under "Those Sums" Policies Where Timing of Damages is Known or Knowable Insights for Insurers (April 24, 2020) State Insurance Commissioners Weigh In On Business Interruption Coverage for COVID-19 Losses Insights for Insurers (April 22, 2020) California Department of Insurance Issues Notice to Insurers to Comply with their Legal Requirements with Respect to COVID-19 Related Business Interruption Claims Insights for Insurers (April 17, 2020) Proposed Federal Business Interruption Insurance Coverage Act Insights for Insurers (April 17, 2020) Virus Exclusions Are Not Preventing Some Policyholders from Filing COVID-19 Coverage Lawsuits Insights for Insurers (April 15, 2020) Additional Insights for Insurers From New COVID-19 Coverage Suits Insights for Insurers (April 9, 2020) Insights on the First COVID-19 Coverage Lawsuits Insights for Insurers (April 4, 2020) TCPA Fax Claim Is Not a Covered Occurrence; Personal and Advertising Injury Coverage Is Also Not Triggered, Rules Pennsylvania Federal Court Insights for Insurers (April 1, 2020) Chicago-Area Restaurants Seek Insurance Coverage for COVID-19 Business Interruption Losses in Illinois Federal Court Insights for Insurers (March 31, 2020) California is the Next State to Request Business Interruption Coverage Information from Insurers Insights for Insurers (March 30, 2020) Insurers Must Be Proactive to Comply With Federal, State, and Local COVID-19-Related Laws and Regulations to Limit Potential Governmental Overreach Insights for Insurers (March 27, 2020) Appellate Court Rules Insurers Have Duty to Defend Illinois Biometric Privacy Claim Insights for Insurers (March 25, 2020) COVID-19, Broken Supply Chains, and Force Majeure Insights for Insurers (March 21, 2020) U.S. Congress Members Call for Business Interruption Coverage for COVID-19 Losses Insights for Insurers (March 20, 2020)Future of New Jersey COVID-19 Insurance Coverage Bill is in Question Insights for Insurers (March 19, 2020) Publication is not Publishing: Ninth Circuit Says Insurer Must Defend Privacy Suit Insights for Insurers: Cyber Coverage (March 18, 2020) As COVID-19 Coverage Law Suits Are Filed, New Jersey Legislature Considers Mandated COVID-19 Business Interruption Coverage Insights for Insurers (March 17, 2020) NYDFS Instructs Insurers to Provide Explanations of Coverage for COVID-19 Losses Insights for Insurers (March 13, 2020) Evaluating the Insurability of CCPA Fines Assessed by the California Attorney General Insights for Insurers: Cyber Coverage (March 12, 2020) Fourth Circuit Holds Privacy Exclusion Bars Coverage for Law Firm's DPPA Claim Insights for Insurers: Cyber Coverage (March 10, 2020) Insureds Likely Face Uphill Battle in Seeking Coverage for Coronavirus Losses Insights for Insurers (March 9, 2020) The Latest Decision in the Global Re Case Insights for Insurers (March 6, 2020) Computer Fraud and Funds Transfer Fraud Coverages Not Triggered by Social Engineering Phishing Scam Insights for Insurers: Cyber Coverage (March 2, 2020) Coverage for Phishing Loss Precluded by Voluntary Parting Exclusion; Forgery Coverage Not Triggered Insights for Insurers: Cyber Coverage (February 26, 2020) Court Rejects Coverage for Phishing Loss Under Financial Institutions Bond, Calls for More Briefing on Computer Systems Fraud Coverage Issue Insights for Insurers: Cyber Coverage (February 17, 2020) Insurers Take Steps to Reduce Silent Cyber Exposure Insights for Insurers: Cyber Coverage (February 10, 2020) Commonsense Prevails; Intentional Attack is not an Insured Accident Insights for Insurers (February 7, 2020) Confirming a "But-For" Test, Federal Court Rejects "Semantic" Attempt to Narrow Liability Policy's TCPA Exclusion Insights for Insurers (January 31, 2020) Policyholders Face Substantial Challenges in Obtaining Coverage for Cyber Claims Under First-Party Property Policies Insights for Insurers: Cyber Coverage (January 29, 2020) New York's High Court Delivers a Blow to the Bellefonte Cap Hinshaw Alert (December 15, 2017)