On July 11, 2024, the New York State Department of Financial Services (NYSDFS) adopted a final circular about the "Use of Artificial Intelligence ("AI") Systems and External Consumer Data and Information Sources in Insurance...more
8/26/2024
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Corporate Governance ,
Data Use Policies ,
Discrimination ,
Enforcement Priorities ,
Insurance Industry ,
New York ,
NYDFS ,
Risk Mitigation ,
Underwriting
Scott Seaman, Co-Chair of Hinshaw’s global Insurance Services Practice Group, is joined by Hilary Harmsworth and Sam Vardy of Howden Insurance Brokers to introduce a new fifty-state survey on U.S. bad faith law and to briefly...more
Insurers are impacted in many ways by the United States (U.S.) Supreme Court decisions, but very rarely does the Supreme Court wade into decisions directly involving insurance contracts or the rights of insurers. This term,...more
3/29/2024
/ Chapter 11 ,
Choice-of-Law ,
Debtors ,
Fraud Prevention ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Maritime Transport ,
Policy Terms ,
Reorganizations ,
SCOTUS
As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more
12/22/2023
/ Affirmative Action ,
Artificial Intelligence ,
Asbestos ,
Biden Administration ,
Biometric Information Privacy Act ,
Business Interruption ,
California Privacy Rights Act (CPRA) ,
Climate Change ,
Construction Defects ,
Coronavirus/COVID-19 ,
Cybersecurity ,
D&O Insurance ,
Damages ,
Data Breach ,
Diversity and Inclusion Standards (D&I) ,
Duty to Defend ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Insurance Industry ,
Lead ,
Litigation Funding ,
Machine Learning ,
Marine Insurance ,
Misrepresentation ,
Opioid ,
PFAS ,
Pollution Control ,
Price Inflation ,
Privacy Laws ,
Reimbursements ,
Reinsurance ,
SCOTUS ,
Securities ,
Severe Weather ,
Students for Fair Admissions v Harvard College ,
Sustainability ,
Toxic Substances Control Act (TSCA) ,
Underwriting ,
West Virginia v EPA
Rulings by the United States Supreme Court profoundly impact insurers as businesses and corporate citizens. Additionally, decisions from the U.S. Supreme Court can also influence claims and policyholders' liabilities for...more
11/7/2023
/ Appeals ,
Article III ,
Asbestos ,
Asbestos Litigation ,
Bankruptcy Code ,
Bodily Injury ,
Fraud ,
Indemnification ,
Insurance Industry ,
Liability ,
Marine Insurance ,
Reorganizations ,
SCOTUS ,
Standing
"Duty to Defend: A Fifty-State Survey," examines issues of significance to insurance claims professionals and lawyers making decisions about properly responding to complaints tendered for a defense under the laws of each of...more
Scott Seaman, Co-Chair of Hinshaw’s global Insurance Services Practice Group, moderates a panel of transaction insurance professionals, including Global Co-CEO of Aon's M&A and Transaction Solutions practice Gary Blitz,...more
Per and polyfluoroalkyl substances (PFAS) represent major exposures to insurers and their policyholders. Thousands of lawsuits are pending nationwide and several large settlements have already been reached. Insurers are...more
8/30/2023
/ Asbestos ,
Centers for Disease Control and Prevention (CDC) ,
CERCLA ,
Coronavirus/COVID-19 ,
D&O Insurance ,
Environmental Protection Agency (EPA) ,
Insurance Industry ,
Insurer Liability ,
Motion for Summary Judgment ,
PFAS ,
Pollution Exclusion ,
Popular ,
Settlement
The increased frequency and severity of weather events have been felt globally, but California, Louisiana, and Florida are among the U.S. states that have been hit particularly hard. In response, three of the four biggest...more
Updated Social Inflation Survival Guide -
Insurance professionals and counsel deal with it on a daily basis, plaintiffs' personal injury lawyers are driving and benefiting from it, consumers and policyholders are paying...more
In a recent Law360 article, we explored some of the implications of a recently proposed anti-ESG bill being considered by the Texas legislature. However, we thought the issue merited some follow up analysis....more
Bessie Daschbach—Hinshaw partner and head of the firm's multi-disciplinary Environmental, Social, and Governance (ESG) team—joins host Scott Seaman for a discussion on the basics of ESG. This is the first of two episodes...more
After a brief abatement due to pandemic-related litigation delays and court closures, social inflation returned with a vengeance replete with numerous nuclear jury verdicts. Although a case in any state is capable of...more
2/28/2023
/ Commercial General Liability Policies ,
Corporate Counsel ,
D&O Insurance ,
DE Supreme Court ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
General Data Protection Regulation (GDPR) ,
Insurance Industry ,
Insurance Litigation ,
PFAS ,
Popular
This White Paper takes a comprehensive look at social inflation, identifying the causes, scope, and costs of social inflation. It also examines the risks and challenges insurers and their policyholders confront as a result...more
The Ohio Supreme Court waited until the last week of the year to issue what may be the most important silent coverage decision of 2022. Direct physical injury is a fundamental requirement of first-party property policies. The...more
Insurers and their corporate policyholders have been confronting social inflation since the 1970s. Social inflation, which is the increasing cost of defending and resolving claims, had been raging on—with various ebbs and...more
We have written extensively about environmental, social, and governance ("ESG") otherwise known as sustainability, and its impact on insurers and their policyholders. We have pointed out how ESG has impacted insurers qua...more
7/8/2022
/ Biden Administration ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Commercial General Liability Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Insurance Industry ,
Regulatory Authority ,
SCOTUS ,
West Virginia v EPA
The issuance of various governmental orders requiring businesses to temporarily modify or close their operations during the COVID-19 pandemic led to an immediate avalanche of claims and lawsuits involving first-party...more
7/1/2022
/ Business Interruption ,
Commercial Insurance Policies ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Insurance Claims ,
Insurance Industry ,
Multidistrict Litigation ,
Policy Exclusions ,
Popular ,
Putative Class Actions
Scott Seaman—Chicago-based partner and co-chair of Hinshaw's Global Insurance Services Practice Group—hosts Miami-based Hinshaw partner Daniel Shatz in a discussion about new Florida legislation, which aims to address the...more
6/23/2022
/ Attorney's Fees ,
Bad Faith ,
Contingency Fees ,
Deductibles ,
First-Party Coverage ,
Florida ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
New Legislation ,
Property Insurance
The grip of the "all of government" approach to sustainability continues to tighten. Via a May 5, 2022 memorandum from the Associate Attorney General of the United States, the Department of Justice (DOJ) and the U.S....more
On March 22, 2022, the Supreme Court of New York Appellate Division, First Department reversed a trial court order which had held an insurer—ordered to accept service on behalf of a defunct policyholder—was liable for the...more
As we approach the end of the first quarter of 2022, things are still looking good for insurers in the COVID-19 coverage litigation battle.
The issuance of various governmental orders requiring businesses to temporarily...more
In a highly anticipated decision delivered on March 14, 2022, the Colorado Supreme Court rejected a policyholder's attempt to hold an insurance director personally liable under sections 10-3-1115 to -1116, C.R.S. (2021) for...more
This is the seventh and final installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry.
Some key decisions impacting the D&O and securities law...more
This is the sixth installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry.
Lead Paint -
Coverage issues relating to the $400...more
3/15/2022
/ Commercial General Liability Policies ,
Insurance Industry ,
Insurance Litigation ,
Lead Paint ,
Long-Tail Claims ,
Opioid ,
Pharmaceutical Industry ,
Professional Liability ,
Professional Liability Insurance ,
Public Nuisance ,
Sexual Abuse