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By: McGuireWoods LLP

Blog Authors

Laughlin Allen
Mark Anderson
Rebecca Borkovich
Brogan Chubb
Alec Covington
Allison L. Ebeck
Joseph Englert
Matthew D. Fender
Stephen Foresta
Drew Gann
Tanya Greene
Shelby Guilbert
Kelsey Haines
Etahjayne Harris
Simon Hems
Nicholas Hill
Aaron Jaroff
Joanna Johnston
Kimberly J. Kannensohn
Aleksandra Kaplun
Katharine P. Lennox
Emma Leonelli
Scott Oostdyk
Michael J. Podberesky
Lee Royster
Noriya Shahadat
Adam Sowatzka
Samuel Tarry Jr.
Anthony Tatum
Ann Terrell Dorsett
Davis Walsh

Latest from Pro Policyholder

Pro Policyholder

What You May Not Know about The Supreme Court’s Ruling in SFFA—Insurance Coverage Implications for All Industries

By Anthony Tatum & Emma Leonelli
August 3, 2023

On June 29, 2023, the U.S. Supreme Court struck down the race-conscious admissions programs at Harvard University and the University of North Carolina at Chapel Hill in a pair of cases brought by Students for Fair Admissions (SFFA).  The Court…

Pro Policyholder

PFAS Liability and Insurance: Potential Avenues to Mitigate Exposure for PFAS Risks through Insurance

By Aleksandra Kaplun, Joseph Englert & Adam Sowatzka
July 31, 2023

Manufacturers face an ever increasing risk of liability exposure for pollution caused by polyfluoroalkyl substances, commonly known as “PFAS.” In early June this year, it was reported that 3M, as have other large chemical manufacturers, settled pending litigation involving PFAS-contamination…

Pro Policyholder

7th Circuit Sides With Insured Party Seeking Coverage for False Claims Act Settlement

By Michael J. Podberesky, Anthony Tatum & Kelsey Haines
May 23, 2023

On May 3, the 7th U.S. Circuit Court of Appeals sided with the policyholder, resolving an insurance coverage dispute over a $100 million settlement related to claims under the federal Anti-Kickback Statute and the federal False Claims Act. Read on…

Pro Policyholder

Another Judicial Reminder for Policyholders to Carefully Review Policy Language and Provide Timely Notice of a “Claim”

By Stephen Foresta, Aaron Jaroff & Lee Royster
March 30, 2023

Insurance policies invariably require insureds to submit timely written notice of a “Claim” made by third parties to obtain coverage from the insurer.  A recent decision from the United States District Court for the Southern District of New York is…

Pro Policyholder

Financial Institutions and Bank Directors and Officers in the Crosshairs – Are Their Insurance Policies Really Primed and Ready?

By Anthony Tatum, Shelby Guilbert, Joseph Englert, Nicholas Hill, Laughlin Allen & Rebecca Borkovich
March 17, 2023

With bank stability and the related stock market rout now dominating the headlines for the first time since the 2008 financial crisis, are financial institutions’ D&O and bankers’ professional liability / E&O (“BPL”) liability policies ready to help backstop coverage,…

Pro Policyholder

Policyholders Beware – Lloyd’s is Adding New Exclusions to Limit Insurance Coverage for State-Sponsored Cyber Attacks Next Month – Are You Prepared?

By Allison L. Ebeck & Shelby Guilbert
February 22, 2023

Cyberattacks on corporate networks are on the rise, and the ramifications from such an attack can be financially devastating. Recent benchmarking data shows that the number of material cyber breaches at large businesses increased by 20.5% from 2020 to 2021,…

Pro Policyholder

Ohio Supreme Court Holds that Insurance Policy Does Not Cover Ransomware Attack on Software

By Scott Oostdyk, Anthony Tatum, Nicholas Hill, Drew Gann & Noriya Shahadat
January 12, 2023

In a unanimous decision, the Ohio Supreme Court found that appellee EMOI Services, LLC’s (“EMOI”) businessowners insurance policy does not cover losses resulting from a ransomware attack on EMOI’s computer software systems.…

Pro Policyholder

North Carolina Supreme Court Provides Guidance to Policyholders Attempting to Maximize Insurance Coverage for Long-Tail Claims

By Joanna Johnston, Alec Covington, Shelby Guilbert & Nicholas Hill
January 9, 2023

When seeking insurance coverage for “long-tail” mass tort and environmental claims that involve alleged exposures and injuries spanning multiple years, businesses often look to their occurrence-based commercial general liability (“CGL”) policies.   These policies are designed to provide broad coverage for…

Pro Policyholder

Update on Case Law Developments for BIPA Damages and Insurance Recovery for BIPA Claims

By Joseph Englert, Katharine P. Lennox & McGuireWoods LLP
August 4, 2022

In May 2022, the Illinois Supreme Court heard oral arguments in Cothron v. White Castle System, Inc. — a case that will have a substantial impact on the liability for violating the Illinois Biometric Information Privacy Act (“BIPA”).  BIPA is…

Pro Policyholder

Recent Michigan Court Ruling Reinforces Importance of Providing Prompt “Proof of Loss”

By Stephen Foresta & Aaron Jaroff
June 23, 2022

In several states, an insured that prevails in a coverage dispute against its insurer is entitled to statutory “penalty interest” added to the amount owed by the insurer.  A June 8, 2022 decision from the United States District Court for…

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