Publications
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12.04.2023Illinois Supreme Court Issues Landmark Construction Insurance Coverage RulingUpdatesIn a landmark decision, the Illinois Supreme Court has granted a major victory for policyholders seeking general liability insurance coverage for construction defect and faulty workmanship claims.
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06.26.2023Washington State’s New My Health My Data Act Will Likely Result in Insurance Coverage DisputesUpdatesWashington state recently passed the My Health My Data Act, which will almost certainly lead to an explosion of consumer lawsuits and follow-on insurance coverage disputes.
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04.24.2023Texas Supreme Court Strengthens Additional Insured Coverage RightsUpdatesThe Supreme Court of Texas recently issued helpful guidance on the incorporation of extrinsic documents into an insurance policy. In ExxonMobil Corporation v. National Union Fire Insurance Co., the court referred to two extrinsic documents to determine who was covered under an umbrella policy, finding that the claimant was an additional insured. However, the court refused to incorporate other terms in those two documents because the policy did not clearly manifest incorporation by reference to those terms.
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04.01.2022Illinois Court Builds on 2021 State Supreme Court Ruling to Find Further General Liability Insurance Coverage for Biometric Information Privacy Act (BIPA) Class ActionsBlogsFollowing the Illinois Supreme Court’s 2021 ruling in West Bend Mutual Insurance Co. v. Krishna Schaumburg Tan, Inc., 2021 IL 125978, which we covered in detail, a Chicago-based federal court recently handed another insurance coverage victory to businesses facing class actions under the Illinois Biometric Information Privacy Act (BIPA).
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01.28.2022University of Colorado System Scores COVID-19 Property Insurance Coverage WinUpdatesA Colorado state court recently joined a growing chorus of courts across the country rejecting insurance companies’ arguments that there is no coverage for COVID-19-related losses and costs under commercial property insurance policies because COVID-19 cannot cause “physical loss or damage” to property as a matter of law.
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06.01.2021Illinois Supreme Court Affirms BIPA Lawsuits Are Covered by GL PoliciesUpdatesThe deluge of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14 et seq. over the past several years has presented a challenge to companies operating in Illinois.
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10.06.2020Insurance Considerations: AI and the Internet of Things!PodcastsIn this AI Speaks podcast episode, Partners Jim Davis and Brad Dlatt sit down with special guest expert Ruth Kochenderfer of Marsh USA to talk about the impact that AI and the internet of things is having on the insurance industry, the drafting of insurance policies, and privacy protections.
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08.18.2020COVID-19 Business Interruption Litigation: Lessons Learned So FarUpdatesSince the start of the pandemic, hundreds of businesses of all sizes have been forced to file lawsuits against their property insurers for failing to honor their contractual obligations to provide business interruption, extra expense, civil authority, and other coverage for the substantial losses caused by the COVID-19 pandemic.
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07.27.2020Higher Education COVID-19 Losses: Property and Business Interruption Insurance Policies Should Provide ReliefUpdatesDue to the COVID-19 pandemic, institutions of higher education are facing significant revenue challenges and incurring extra expenses for which their insurance programs should provide relief.
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07.06.2020UK COVID-19 Business Interruption Disputes Process May Offer Guidance to US PolicyholdersUpdatesThe insurance industry in the United States continues to thwart legislative solutions for disputed COVID-19-related losses under property/business interruption policies and resists efforts to group lawsuits together into multi-district federal litigation or class actions.
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06.01.2020Is My Company Going to Survive COVID-19? Perspectives From a Bankruptcy and Restructuring Lawyer (Plus Insurance!)Podcasts
Insurance Considerations Amid COVID-19
On this episode, we are joined by Perkins Coie Partner David Neff, among the most experienced hotel bankruptcy and restructuring lawyers in the country. We discuss the ways COVID-19 causes financial distress to businesses, the parties involved, and why it may take some time before companies become distressed. We also will address new rules that streamline the bankruptcy process for smaller businesses to help them survive, and insurance coverage issues arising in these distressed situations.
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05.11.2020Does COVID-19 Cause Property Damage: Let’s Talk to a Doc!Podcasts
Insurance Considerations Amid COVID-19
In this podcast, Perkins Coie’s Insurance Recovery Partners Jim Davis and Norton Cutler interview special guest Dr. John Richard Corboy, M.D., who provides an overview of the scientific understanding of COVID-19.
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05.08.2020Reopening During a Pandemic: Understanding COVID-19-Related Labor & Employment Challenges For Businesses and InsurancePodcasts
Insurance Considerations Amid COVID-19
Perkins Coie’s Insurance Recovery Attorneys Jim Davis and Brad Dlatt interview special guest Perkins Coie Labor Partner Heather Sager, who is counseling companies operating during the Covid-19 pandemic. Topics include how businesses find out if they are allowed to re-open, what employers need to know about having employees return to work, the use of health screenings, privacy issues arising from new procedures, the implication for insurance, and a brief legislative update. -
04.20.2020Who Are All These People Involved in My Claim? Thoughts From a Claim PreparerPodcasts
Insurance Considerations Amid COVID-19
Speakers discuss preparing COVID-19 business interruption insurance claims. Topics include what is happening on the ground, the use of the pollution exclusion to deny coverage for losses caused by COVID-19, real world claim preparation and management issues, and an update on pending legislation that may impact available insurance coverage. -
04.03.2020Making Claims and Renewing Policies from Home?!Podcasts
Insurance Considerations Amid COVID-19
Speakers discuss the COVID-19 crisis, staying at home, the types of insurance affected by the crisis, early lawsuits, tips for policyholders to preserve claims, the current trends in the insurance marketplace, including renewals that just happened, and legislation in the works that might force insurers to provide business interruption coverage. -
03.20.2020Responding To COVID-19: Key Insurance Coverage Checklist for BusinessesLawyer PublicationsThis practical checklist, compiled by Perkins Coie’s Insurance Recovery team, outlines key insurance coverage considerations for businesses responding to the Coronavirus (COVID-19). View Checklist
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02.06.2020Coronavirus Coverage: How to Offset Your Business Losses in a Global Health EmergencyBlogs
Tech Risk Report
The start of 2020 has brought uncertainty for tech businesses as individuals in the global health and business communities grapple with trying to understand and contain the deadly new coronavirus. -
01.10.20202019 Tech Risk Report Q4 RoundupBlogsThe Perkins Coie Tech Risk Report Quarterly Roundup is a compilation of blog posts published over the previous quarter that provide analysis and interpretation on insurance issues related to cyber coverage, privacy, virtual currency, bitcoin, cryptocurrency, TCPA and consumer protection, among other related topics.
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11.01.2019Avoiding CCPA-Related Insurance GapsArticlesBeginning January 1, 2020, companies doing business in California that meet certain criteria will be subject to a new regulation, as the sweeping California Consumer Privacy Act (CCPA) goes into effect.
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10.30.2019Looking to 2020: Will PFAS Be the Next Wave of Consumer Products and Coverage Litigation?UpdatesAs businesses gear up for the busy holiday shopping season and prepare product lines for the new year, manufacturers and distributors of consumer products must be ready to manage new risks that are likely to appear in the new year.
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10.10.2019Duty to Defend Obligation Affirmed in Suit Against InsurerArticles
Chicago Daily Law Bulletin
The 1st District Appellate Court recently delivered a resounding victory for corporate and individual insurance policyholders in Illinois, reaffirming that insurers that have a duty to defend claims or suits brought against their insureds will not be rewarded by Illinois courts for refusing to honor that obligation in a timely fashion. -
09.19.2019How to Prepare Yourself and Your Clients to Respond to Data BreachesArticlesData breaches are everywhere, and they are expensive. In the first six months of 2019, there were more than 3,800 reported data breaches—a 54% increase from the same period last year—exposing more than 4.1 billion records. The average reported cost of a data breach for an American company is $8.2 million.
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07.31.2019South Carolina Attorney-Client Privilege Ruling Is a Gift to InsurersUpdates
The South Carolina Supreme Court delivered a gift to insurers facing bad faith claims in that state. The court determined that, where a policyholder brings a bad faith claim against its insurer and the insurer answers the claim by denying liability, the policyholder’s right to obtain discovery of the insurer’s attorney-client privileged communications concerning the insurer’s handling of the claim must be determined on a case-by-case basis.
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06.24.2019SC Attorney-Client Privilege Ruling is a Gift to InsurersArticles
Law360
As Law360 recently reported, the South Carolina Supreme Court delivered a gift to insurers facing bad faith claims in that state. The court determined that, where a policyholder brings a bad faith claim against its insurer and the insurer answers the claim by denying liability, the policyholder’s right to obtain discovery of the insurer’s attorney-client privileged communications concerning the insurer’s handling of the claim must be determined on a case-by-case basis.
Presentations
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10.10.2023Environmental Insurance Including PFAS ConcernsSpeaking EngagementsThis discussion guided participants through complex policy provisions addressing pollution claims and coverage, including PFAS (forever chemicals) claims.
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03.03.2023Blinded by Science: Federal Courts New ExpertiseSpeaking Engagements
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10.27.2022Environmental Insurance: Business Interruption Coverage and ClaimsSpeaking EngagementsThis discussion guided participants through complex policy provisions addressing both first party and third party claims, including, e.g., business interruption coverage in connection with environmental pollution claims, COVID-19 and PFAS (forever chemicals) claims.
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10.25.2022D&O Insurance Key UpdatesSpeaking EngagementsNorthwest Insurance Law - Insurance Law The Seminar Group / Virtual
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03.03.2022The Wonderful World of SPACs: The D&O Insurance Industry Reacts to the Roller CoasterSpeaking EngagementsABA 2022 Insurance Coverage Litigation Committee CLE Seminar / Tucson, AZ
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11.04.2021COVID-19 and Other Legal IssuesSpeaking EngagementsWashington Festivals & Events Association (WFEA) Annual Conference / Bellevue, WA
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10.28.2021What are “Bermuda Policies”?Speaking EngagementsNorthwest Insurance Law – The Seminar Group / Virtual
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06.10.2020
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03.13.2020Insurance Coverage for Data BreachesSpeaking EngagementsRIMS Washington Education Forum
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03.07.2020Fingerprints, Facial Recognition, Permission? Oh My! Biometric Privacy Coverage Litigation Arriving in Your State Soon…Speaking EngagementsABA Insurance Coverage Litigation CLE Seminar
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12.03.2019Insurance Coverage for Data BreachesSpeaking EngagementsLorman Education Services
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11.12.2019Insurance Coverage for Privacy and Biometric Statutes: CCPA, BIPA and More?!Speaking Engagements
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07.17.2019CCPA Insurance Coverage Issues: Avoiding Gaps in Your ProgramWebinarsPerkins Coie’s CCPA Week
This webinar explores the steps policyholders can take now to address coverage issues presented by the CCPA. Topics will include the types of policies that may respond to CCPA claims, how to negotiate favorable terms in your insurance policies and tips on loss management strategies. -
02.27.2019Insidious and Increasingly Common: Lawyers Struggling with Addiction and Mental Illness - How Can We Help?Speaking Engagements
ABA ICLC CLE Seminar | Tucson, AZ
Jim Davis spoke on a panel regarding the challenges of addressing addiction and mental illness in the legal profession with particular emphasis on recent studies and professional liability issues.