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Case Guides Insurers on Crafting Policies for Biometric Privacy Coverage

Case Guides Insurers on Crafting Policies for Biometric Privacy Coverage

Hanover Insurance Group Inc.'s recent loss in a face scan privacy dispute provides a roadmap for insurers on how to craft clearer policy language to avoid having to provide coverage for a policyholder's biometric privacy violations.
June 26, 2023 Liability Litigation

Insights from the Insurance Litigation Report: Louisiana’s Western District Tops the List

Insights from the Insurance Litigation Report: Louisiana’s Western District Tops the List

From 2020 through 2022, the highest number of insurance cases in the U.S. were filed in the Western District of Louisiana, according to a new report from LexisNexis company Lex Machina.
June 23, 2023 Liability Litigation Property Louisiana

Doubling Down on Damages: As MAP Enrollment Gains Momentum, So Does the Risk for a Private Cause of Action

Doubling Down on Damages: As MAP Enrollment Gains Momentum, So Does the Risk for a Private Cause of Action

Medicare Advantage Plans (MAPs), also known as Medicare Part C, are private insurance plans that provide for a Medicare beneficiary's Part A and Part B benefits. Beneficiaries can choose to enroll in a MAP rather than traditional Medicare. There also are Medicare drug plans (Part D) that provide for a beneficiary's prescription drugs.
June 23, 2023 Auto Liability Workers' Compensation

 Man Pleads Guilty in $1.1M Accident Injury Conspiracy Plus COVID-19 Loan Scam

Man Pleads Guilty in $1.1M Accident Injury Conspiracy Plus COVID-19 Loan Scam

A Kansas City, MO, man who formerly lived in Columbia, MO, pleaded guilty in federal court to his role in a $1.1 million insurance fraud conspiracy that involved false claims of injuries suffered in car accidents, as well as to his role in a conspiracy to fraudulently obtain COVID-19 relief benefits.
June 23, 2023 Auto Fraud Liability Missouri

25 Million Dollar Question: Fire, Floods, and Mudslides -- Separate Occurrences or Linked Events?

25 Million Dollar Question: Fire, Floods, and Mudslides -- Separate Occurrences or Linked Events?

The devastation wrought by the 416 Fire, which torched about 54,000 acres of forest north of Durango in 2018, and the damage inflicted by the rains that caused floodwaters and mudslides to flow from the burn scar were two different 'occurrences,' says the Durango & Silverton Narrow Gauge Railroad.
June 22, 2023 Liability Litigation Colorado

The Growing Risks of ESG Regulation and Climate Litigation on D&O Liability

The Growing Risks of ESG Regulation and Climate Litigation on D&O Liability

In its 2023 report on trends in directors & officers (D&O) liability insurance policies, Allianz Global Corporate & Specialty highlighted risks associated with evolving ESG regulation and the increasing pace of climate change litigation. According to the report, "companies continue to see pressure around ESG issues as regulations are implemented around the world.
June 22, 2023 Legislation & Regulation Liability Litigation

New Privacy Laws Could Be Kryptonite for Liability Coverage

New Privacy Laws Could Be Kryptonite for Liability Coverage

We are halfway through 2023, and it's already been another blockbuster year in the biometric litigation universe. The main characters are back -- the Illinois Biometric Information Privacy Act ('BIPA') and the justices of the Illinois Supreme Court.
June 22, 2023 Liability

Making the Call: Four Factors To Consider When Taking a Case to Trial

Making the Call: Four Factors To Consider When Taking a Case to Trial

When a construction-related legal dispute cannot be resolved by the parties themselves or with the help of a mediator, a party may feel it has no choice but to take the case to trial -- either to force an adversary to get serious about settlement or because the party believes only a judge or jury could break the deadlock.
June 22, 2023 Liability Litigation

Four Lives Lost in NYC Fire Caused by Exploding Lithium Ion Batteries

Four Lives Lost in NYC Fire Caused by Exploding Lithium Ion Batteries

A fire at a New York City e-bike shop quickly spread to upper-floor apartments and killed four people early Tuesday in the latest deadly blaze linked to exploding lithium ion batteries.
June 21, 2023 Liability Property New York

Is Your Forensic Investigation Worth It? Examining the Pros and Cons in Property Damage and Construction-defect Claims

Is Your Forensic Investigation Worth It? Examining the Pros and Cons in Property Damage and Construction-defect Claims

Insurance companies are obligated to investigate and make claims decisions based on informed judgments. Claims adjusters rely on various experts and their investigations to make educated claims decisions and combat the prevalence of false or inflated claims.
June 21, 2023 Liability Property

PacifiCorp to Pay Punitive Damages for Oregon Wildfires

PacifiCorp to Pay Punitive Damages for Oregon Wildfires

A jury on Wednesday ordered the electric utility PacifiCorp to pay punitive damages for causing devastating wildfires in Oregon in 2020 -- on top of an earlier verdict already expected to amount to billions of dollars.
June 16, 2023 Liability Litigation

Managing Risks in Law Enforcement: Escalating Claims, Liability Awards, and Mental Health

Managing Risks in Law Enforcement: Escalating Claims, Liability Awards, and Mental Health

Escalating claims alleging excessive force by police officers, rising liability awards and increased mental health concerns for officers are among the top risk management challenges for public entity risk managers, experts say.
June 15, 2023 Liability Risk Management

Legal Consequences: Jury Verdict Could Cost Utility Company Billions After Oregon Wildfires

Legal Consequences: Jury Verdict Could Cost Utility Company Billions After Oregon Wildfires

A jury in the northwestern U.S. state of Oregon on Monday found the electric utility PacifiCorp responsible for causing devastating fires during Labor Day weekend in 2020, ordering the company to pay tens of millions of dollars to 17 homeowners who sued and finding it liable for broader damages that could push the total award into the billions.
June 13, 2023 Excess & Surplus Lines Liability Litigation Oregon

Chevron Faces $63M Verdict for Concealing Toxic Pit Near Santa Barbara

Chevron Faces $63M Verdict for Concealing Toxic Pit Near Santa Barbara

A California jury has returned a $63 million verdict against Chevron after finding the oil giant covered up a toxic chemical pit on land purchased by a man who built a house on it and was later diagnosed with a blood cancer.
June 13, 2023 Liability Litigation California

Can Mandatory Liability Insurance for Gun Owners Reduce Violence?

Can Mandatory Liability Insurance for Gun Owners Reduce Violence?

The idea has been floated for years, and it may seem straightforward enough: if gun owners were required to purchase liability insurance, proponents argue, they would have to follow safe practices to limit their financial and legal risk, thus reducing incidents of gun violence.
June 12, 2023 Legislation & Regulation Liability California New Jersey
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