Timely Notice

Rich Savage, Director of Complex Claims – Cyber/Tech/Media at Rockville Risk Management, shares useful insights into the world of cybersecurity, especially regarding the dramatic increase in credential theft and the vulnerabilities associated with use of Office365. Rich explains how businesses are particularly vulnerable to credential theft since fraudsters are now able to use trusted email addresses in perpetrating their phishing schemes. To help ward against these risks, Rich offers recommendations for businesses, as well as strategies cyberinsurers can employ in incentivizing cybersecurity.

Tom Bernier, a partner in Goldberg Segalla’s Baltimore Office and a member of the firm’s Toxic Torts and Environmental Practice Group, provides insight into the legal consequences of the growth in legionella diagnoses, which commonly take the form of Legionnaires’ disease and Pontiac fever.  Tom starts by providing background on legionella, an extremely severe form of pneumonia caused by a bacterial infection.  Tom further explains how legionella is generally spread through poorly-maintained water systems and how the elderly and those with depressed immune systems are at highest risk. Tom notes that certain businesses and professional service providers face significant exposure in connection with legionella litigation and related health department inspections and regulations.  Tom concludes by highlighting potential insurance coverage challenges businesses confront when dealing with legionella claims.

Rotem Iram, CEO of At-Bay, Inc., sits down with the podcast for a two-part series to discuss the present-day limits and the future outlook for cyber risk modeling. To start, Rotem breaks down the fundamental differences between underwriting of traditional insurance versus insurance for cyber risk. To address this issue, he opines that additional tools are needed to assess the particularities of cyber risk. Rotem also explains how the nature of insurance is well-suited to spotlight and addressing cyber threats. Rotem concludes by highlighting the three most important questions companies need to ask before purchasing cyberinsurance.

Rotem Iram, CEO of At-Bay, Inc., sits down with the podcast for a two-part series to discuss the present-day limits and the future outlook for cyber risk modeling. To start, Rotem breaks down the fundamental differences between underwriting of traditional insurance versus insurance for cyber risk. To address this issue, he opines that additional tools are needed to assess the particularities of cyber risk. Rotem also explains how the nature of insurance is well-suited to spotlight and addressing cyber threats. Rotem concludes by highlighting the three most important questions companies need to ask before purchasing cyberinsurance.

Lewis Collins, a partner in Butler Weihmuller Katz Craig’s Tampa office, joins the show to discuss why comparative or reverse bad faith should be considered as part of extracontractual liability causes of action. Lewis describes common scenarios that justify apportioning fault in bad faith lawsuits. Using case law from several different jurisdictions, Lewis explores the evolution and current viability of the comparative bad faith defense. Lewis also talks about how, even in states where there is no comparative bad faith, courts recognize a requirement for an insured to act fairly with an insurer.  Finally, he explains what insurers can do to avoid attempts to manipulate the claims and litigation process.  

Mike Katzen, a New York partner in Goldberg Segalla’s Employment and Labor practice group, discusses the contours and requirements of Title III of the ADA. He debunks a common misconception about whether certain structures are grandfathered in under the ADA. Mike then explains the criteria for measuring ADA compliance and the penalties for Title III violations. Mike concludes with his thoughts on the best ways to meet accessibility requirements and avoid the growing number of repeat Title III plaintiffs. 

Jeremy Kerman, a Chicago-based coverage attorney at Walker Wilcox Matousek, sits down with the podcast to break down recent trends in coverage litigation over claims for violations of the Telephone Consumer Protection Act (TCPA). Jeremy first describes the mechanics of the TCPA and how it continues to have significance in the age of text messages. A trio of recent decisions are also discussed to illustrate recent arguments forwarded by insurers and insureds/claimants. Jeremy concludes by opining on what the future holds for TCPA coverage litigation.   

Larry Mason, a Goldberg Segalla partner, discusses insurance coverage for the various segments of the cannabis industry. Larry explains how the current regulatory environment has caused insurers to cautiously expand risk offerings to cannabis-related businesses. Larry then discusses judicial conflicts emanating from cannabis coverage. In particular, Larry analyzes the recent decision in K.V.G. Properties, Inc. v. Westfield Insurance Co., 900 F.3d 818 (6th Cir. 2018), which discussed the applicability of a criminal acts exclusion to a cannabis cultivation business. Larry concludes by identifying key considerations for insurers and businesses seeking to operate in the cannabis industry.

Mike Lettiero, a partner in Goldberg Segalla’s Hartford Office, discusses Karas v. Liberty Insurance Corp. and the Connecticut Supreme Court’s agreement to answer a certified question from a federal district court concerning what constitutes “collapse.” Mike first outlines the background behind Karas and its importance in Connecticut due to a rash of crumbling foundations in certain parts of the state. Mike then explains how the Supreme Court will interpret “collapse,” considering the question against the backdrop of analogous case law nationwide. Mike concludes with an analysis of the significance of Karas in Connecticut and elsewhere given the paucity of case law on what constitutes “collapse,” particularly in the first-party context.

Adam Dolan, a New York partner in Goldberg Segalla’s Toxic Tort and Environmental Law practice group, discusses the effect of medical and recreational cannabis legalization on employers and insurers.  Adam gives an overview of state laws legalizing cannabis and contrasts them with federal regulations prohibiting its use entirely.  He then provides guidance for employers confronted with developing and enforcing drug workplace policies in cannabis-friendly states.  Adam concludes with his predictions for the future of cannabis claims.

Lou Russo, a partner in Goldberg Segalla’s New York City Office, discusses discovery challenges in the context of international arbitration.  Lou begins by addressing the most significant differences between how discovery is treated in courts versus forums of arbitration.  In particular, Lou delves into ways arbitrators can control forms of e-discovery and some of the challenges parties face in exchanging documents across borders.  Lou also gives his thoughts on strategies to limit the cost of discovery as well the management of copious documents when engaging in international arbitration.

Jason Botticelli, an attorney in Goldberg Segalla’s Buffalo Office, sits down with the podcast to discuss the legal landscape concerning the fast growing e-cigarette industry. Jason first details the impressive growth of the industry and the corresponding efforts of the FDA in creating a regulatory framework. Jason then delves into areas of potential risk facing the industry. In particular, he highlights product liability lawsuits due to fires and explosions and toxic torts from the chemicals contained in the “juice” used to create the vapor. Jason concludes by offering predictions on the types of cases the industry should be prepared to confront in the near future.

Allison Ianni, a New York partner in Goldberg Segalla’s Employment and Labor practice group, joins the show to discuss ADA website accessibility lawsuits. Using familiar examples, Allison illustrates how a website or mobile application can be inaccessible to people with disabilities. She explains how a lack of regulatory guidance has left courts split on vital issues, such as whether the ADA’s requirements can even apply to online-only companies. Allison also shares the most useful resources companies can look to when evaluating their ADA compliance. Finally, Allison talks about how the insurance industry should respond to the surge in website accessibility claims.

In a two-part series, Jonathan Kuller, a New Jersey partner in Goldberg Segalla’s Global Insurance Services practice group and manager of Goldberg Segalla’s Superstorm Sandy team, discusses challenges associated with appraisals conducted by less than disinterested appraisers. Jonathan first explains how courts have narrowly construed key appraisal terms to create high standards for disqualification of appraisers. He also describes how courts have looked to arbitration and civil litigation for guidance on creating standards for appraiser partiality. In part two, Jonathan discusses issues stemming from “professional appraisers” who attempt to subvert the collaborative process.  He then explains how the standards for appointing umpires and vacating appraisal awards can be problematic for insurers. Finally, Jonathan concludes with suggestions for insurers to avoid common appraisal pitfalls.

In a two-part series, Jonathan Kuller, a New Jersey partner in Goldberg Segalla’s Global Insurance Services practice group and manager of Goldberg Segalla’s Superstorm Sandy team, discusses challenges associated with appraisals conducted by less than disinterested appraisers. Jonathan first explains how courts have narrowly construed key appraisal terms to create high standards for disqualification of appraisers. He also describes how courts have looked to arbitration and civil litigation for guidance on creating standards for appraiser partiality. In part two, Jonathan discusses issues stemming from “professional appraisers” who attempt to subvert the collaborative process.  He then explains how the standards for appointing umpires and vacating appraisal awards can be problematic for insurers. Finally, Jonathan concludes with suggestions for insurers to avoid common appraisal pitfalls.

Emily Borg, a Chicago partner in Goldberg Segalla’s Workers’ Compensation Group, discusses how to successfully defend against workers’ compensation claims for repetitive trauma injuries, such as carpal tunnel syndrome. She explains the factors for a repetitive trauma claim and the unique burden of proof challenges for a claimant. Emily then shares strategies for culling out non-meritorious claims. She uses two of her recent victories to illustrate three key elements for the successful defense of a repetitive trauma claim. 

Aaron Aisen, an attorney in Goldberg Segalla’s Buffalo Office, surveys the cyber-regulatory framework pertaining to the insurance industry. Aaron starts by identifying the two states, New York and South Carolina, that presently have cybersecurity regulations aimed at insurance companies. Indeed, an important compliance deadline is fast approaching in New York. Aaron breaks down challenges insurers may face when implementing cybersecurity regulations and offers suggestions on how best to effectuate compliance.     

Michael Young, a St. Louis partner in HeplerBroom’s Insurance Coverage Group, joins the show to discuss the Missouri Court of Appeals’ decision in State ex rel. Shelter Mutual Insurance Company v. Wagner.  Wagner is the first significant case to address attorney-client privilege in the wake of Grewell v. State Farm Mutual Auto Insurance Co., where the Missouri Supreme Court held that a plaintiff in a bad faith action has a right to access its liability insurer’s claim file. As Mike explains, Wagner clarifies whether this right of access extends to privileged communications in a claim file. He also explains why the Wagner rule is superior to adverse rulings in other jurisdictions.

John Allen, a partner in Goldberg Segalla’s St. Louis office, sits down with the podcast to examine workers’ compensation issues presented in the maritime industry. John explains how three different workers’ compensation schemes can be applicable to maritime workers. Two of the schemes are provided under federal law (Jones Act and Longshore Act) while a third option is provided by each individual state’s workers’ compensation law. Due to this complex, overlapping framework, John discusses challenges in determining which scheme to apply and whether concurrent jurisdiction exists. John concludes by highlighting the importance of implementing a thorough investigation program and offers pointers for how insurers can navigate these perilous waters.

Louis Kozloff, a partner in Goldberg Segalla’s Global Insurance Services group and a former Vice President and Chief Litigation Counsel for a large insurance company, along with Todd D. Kremin, a partner in Goldberg Segalla’s Global Insurance Services group, examine the Second Circuit’s high-profile decision in Beazley Insurance Co. v. Ace American Insurance Co. This insurance coverage dispute follows from NASDAQ’s technical problems during Facebook’s initial public offering in 2012. Lou and Todd begin by discussing the Second Circuit’s interpretation of the professional services exclusion found in D&O liability insurance policies. They then identify the key takeaways from the decision and the far-reaching effects the decision may have on underwriting D&O and E&O policies.