In recent years, plaintiffs’ lawyers have filed a number of management liability lawsuits against the executives of companies that have experienced high-profile data breaches. These lawsuits have either been filed as shareholder derivative lawsuits or securities class action lawsuits. By and large, the cases filed as shareholder derivative lawsuits have been unsuccessful. However, in a development that represents a milestone in several different respects, the parties to the Yahoo data breach-related derivative lawsuit have agreed…
Everything Needed by the Insurance Claims Professional Every insurance claim requires that the representatives of the insurer deal fairly and in good faith with the insured. To do so each insurance claims person needs to provide the services promised by the policy of insurance. To do so each claims person must understand how insurance policies are interpreted by the courts in his or her jurisdiction, the meaning of each promise made by the policy, and…
For those litigating drug cases, the NEJM just published an open access article with a broad set of data on medical marketing. It’s online here at NEJM.  The abstract is pasted below. _______________________________ “Key Points Question  How has the marketing of prescription drugs, disease awareness, health services, and laboratory tests in the United States changed from 1997 through 2016? Findings  From 1997 through 2016, medical marketing expanded substantially, and spending increased from $17.7 to $29.9 billion,…
After Hurricane Michael, on October 15, 2018, Florida Insurance Commissioner David Altmaier issued an Emergency Order No. 234790-18-EO, that affected insurers writing insurance in the following counties affected by Hurricane Michael: Bay, Calhoun, Franklin, Gadsden, Gulf, Hamilton, Holmes, Jackson, Jefferson, Leon, Liberty, Madison, Suwannee, Taylor, Wakulla, and Washington Counties.…
As I have noted in prior posts (for example, here), a few plaintiffs’ law firms have launched a wave of lawsuits under the Americans with Disabilities Act (ADA) based on website inaccessibility allegations. In one of the first appellate court decisions on the legal issues these cases present, the Ninth Circuit recently reversed a lower court dismissal of a website and mobile app accessibility lawsuit that had been filed against Domino’s Pizza. The appellate…
A homeowner’s policy will, no doubt, help you sleep better at night. It’s a new year after all – everyone should read their insurance policy. But if you have not read your policy lately, or ever, then you may have a rude awaking when a sudden loss is not covered and leaves you financially devasted. Below are some of the more typical endorsements you may need or want.…
Everything Needed by the Insurance Claims Professional Every insurance claim requires that the representatives of the insurer deal fairly and in good faith with the insured. To do so each insurance claims person needs to provide the services promised by the policy of insurance. To do so each claims person must understand how insurance policies are interpreted by the courts in his or her jurisdiction, the meaning of each promise made by the policy, and…
Violation of an Intellectual Property Law or Right is Not Covered Defamation Various states apply the law interpreting insurance contracts differently. Some apply coverage decisions to the four corners of the policy and the four corners of the suit while others allow extrinsic evidence to make a determination of coverage for defense or indemnity. The difference becomes important when one state’s law will allow for coverage and another will not. In Tela Bio, Inc., a…
The Hogan Lovells’ Corporate Insurance Newsletter for December has been published.  This provides a round-up of UK, EU and international regulatory developments relevant to UK based insurance market participants.  In this issue, amongst other items, we cover: Latest Brexit related consultation papers and other material from the HM Treasury, PRA and FCA  Regulation of claims management companies Variety of publications from EIOPA covering the structure of the insurance intermediaries markets in Europe, use of capital…