North Carolina Court Holds That All Risk Policies Cover COVID-19 Business Income and Extra Expense Losses as a Matter of Law
On several occasions, my law partner Mark Packman and I have published articles discussing that initial COVID-19 insurance coverage decisions […]
Bedrock Principles of Insurance Contract Interpretation May Aid Policyholders Seeking Coverage for Losses Due to COVID-19
Determining how an insurance policy applies to a situation not anticipated by the policy’s drafters often results in disputes between […]
INSURER SUGGESTS SOME VIRUSES CAN KNOCK DOWN BUILDINGS, JUST NOT COVID
Insurers like to trumpet litigation wins on COVID business interruption coverage, but it’s helpful to actually read the decisions. Take […]
Insurer-Friendly COVID-19 Case Law Is No Silver Bullet
As we’ve written in a previous Law360 article, although insurers have trumpeted several recent victories in cases regarding insurance coverage […]
Gilbert LLP Announces Move to New Office Space
Gilbert LLP, a Washington, D.C. law firm specializing in complex dispute resolution, announced today that it has relocated to new […]
COVID-19 Claims May Survive Insurers’ Physical Loss Defense
The policyholders in lawsuits by restaurants and others seeking insurance coverage for income they’ve lost from the coronavirus pandemic have […]
Renewed Shutdowns/Restrictions Present Interesting Issues Regarding COVID-19 Business Interruption Claims
In recent weeks we have published multiple pieces on issues related to the calculation of damages under business interruption policies […]
Proposed Legislation Regarding Business Interruption Insurance for COVID-19 Claims
In recent writings, we’ve informed you about insurance legislation introduced in several states to deal with the coronavirus pandemic. This […]
Gilbert LLP Partners With ACLU of Louisiana to Confront Police Violence and Racial Injustice
WASHINGTON, D.C. — Gilbert LLP, a Washington, D.C. law firm specializing in complex dispute resolution, announced today that it is […]
Interplay of Mitigation and COVID Business Interruption Claims
On June 15, 2020, Society Insurance (“Society”) filed a motion in the United States District Court for the Eastern District […]
In Observance of Juneteenth, Gilbert LLP Will Be Closed Friday, June 19, 2020.
In observance of Juneteenth, Gilbert LLP will be closed Friday, June 19, 2020.
Reasons for Communicating Clearly with Your Insurer Regarding the Scope of Coverage Before Purchasing Cyber Insurance
Purchasing cyber insurance is notoriously complex—standard form policies do not currently exist, many key terms setting the scope of coverage […]
Legislation Enabling Policyholders to Obtain Insurance Coverage for Coronavirus Claims Is Constitutional (Part 2)
In Part One of this post, we discussed proposed legislation addressing the rights of policyholders to business interruption coverage for […]
Legislation Enabling Policyholders to Obtain Insurance Coverage for Coronavirus Claims Is Constitutional (Part 1)
The Coronavirus Crisis On top of its human toll, the coronavirus pandemic has had massive economic effects. Stay-at-home orders, which […]
Worker sues after being fired for refusing to violate shelter-in-place order
By Kate Tornone, HRDive Dive Brief: An employee alleged April 23 that her firing — based on her refusal to […]
Gilbert Partner Richard Shore Named to D.C. Panel Charged With Developing Sound Plans for District Reopening
Gilbert LLP is pleased to announce that partner Richard Shore has been appointed to Washington, DC Mayor Muriel Bowser’s ReOpen DC […]
Gilbert LLP Secures Freedom for Persecuted Immigrant
On March 20, Gilbert LLP successfully prevented the deportation of a Honduran man under terms of the Convention Against Torture […]
A Gilbert COVID-19 Webinar on D&O Insurance
On Wednesday, April 15, at 2:00pm, Gilbert attorneys Rachel Kronowitz and Dan Wolf will be conducting a timely and valuable […]
Firms must take these actions to preserve potential COVID-19 insurance claims
As the COVID-19 pandemic continues to wreak havoc on businesses, conflicting opinions are being offered about the potential applicability of […]
Gilbert LLP Creating Website Resource Program for COVID-19 Insurance-Related Matters
Gilbert LLP, a leading Washington, D.C. insurance recovery firm, announced today that it is launching an online resource package for […]
Social Distancing During Wedding Season: Mitigating Loss and Securing Insurance Coverage
In a typical year, March flowers hint at wedding showers soon to be celebrated. But 2020 is not a typical […]
Non-Public Companies Should Not Forget D&O Insurance When Evaluating Coverage That May Respond To COVID-19-Related Losses
Though most initial COVID-19 insurance-related analysis is focusing on first-party insurance, companies should also review their third-party insurance coverage in […]
Businesses At Risk Of COVID-19-Related Lawsuits Should Consider Providing Notice of Circumstance Under Current Claims-Made Liability Policies
Health and safety are rightly everyone’s first priority as COVID-19’s unprecedented impact continues to grow each day. But businesses should […]
Coronavirus and Implications on Employment Claims and Insurance
My colleague, Jason Rubinstein, recently wrote a piece highlighting potential impacts the coronavirus pandemic might have on various commercial lines […]
Coronavirus and Commerce: Possible Insurance Implications
The coronavirus pandemic and its consequences are spreading throughout the world at an alarming rate. Governments at all levels and […]
Protecting Enrollments in Times of Risk and Crisis
The recent outbreak of the coronavirus, and the alarming rate at which the virus is spreading, is having a global […]
Gilbert LLP Is Moving to Eastern Market in D.C.
Gilbert LLP is moving! This Spring, we will open our new office in the exciting Eastern Market neighborhood in Washington, […]
Can U.S. Companies Insure Against a Trade War?
The recent trade deal between the U.S. and China was welcome news for U.S. companies with investments in China. The […]
The Insurance Landscape For Phishing Claims Is Shifting
No matter the size of the company, many employees have received an email similar to the one below. At first […]
Gilbert Helps Secure Parole for Pro Bono Client
On December 4, 2019, a Gilbert LLP client was granted parole by the U.S. Parole Commission after serving 22 years […]
Department of Justice Victim Assistance Fund Refuses to Pay Award to U.S. Marine Brutally Tortured and Wrongfully Imprisoned by Iran
FOR IMMEDIATE RELEASE: CONTACT: Jason Kaplan, kaplan@skdknick.com, 845-300-9836 Today, Gilbert LLP filed a lawsuit in the United States Court of […]
Marine Vet Freed by Iran in 2016 Sues U.S. Over Unpaid Compensation
By Rick Gladstone, New York Times When a Marine veteran from Michigan was freed by Iran in 2016, an ordeal of imprisonment, torture […]
Overextended warranties: What policyholders should know to protect themselves from overbroad warranty statements
When purchasing directors and officers liability insurance, policyholders are often asked to warranty that they are not aware of any […]
Insurance Considerations for Music Festivals
Just weeks before it was set to begin, Woodstock 50 gasped its final breath. But the steady drumbeat of problems that […]
Gilbert LLP Appointed by Federal Appeals Court to Represent Client Challenging His Unlawful Murder Conviction
WASHINGTON, D.C. – On October 1, 2019, Gilbert LLP was appointed by the U.S. Court of Appeals for the Fourth […]
Playing with Fyre: Insurance Considerations for Music Festival Organizers
Just weeks before it was set to begin, Woodstock 50 gasped its final breath. But the steady drumbeat of problems […]
Delaware Court Ruling Creates New Wrinkle For Defendants Evaluating Appraisal Claims
In 2016, Delaware amended Section 262(h) of the General Corporation Law to permit defendants in appraisal actions to prepay claimants […]
Cohen Lawsuit Against Trump Organization Moves Forward
On August 28, the Commercial Division for the Supreme Court of the State of New York, County of New York, […]
Optimizing Technology Assisted Review
While there are benefits to leveraging past experience, the legal industry also must embrace the dramatic advancements in technology assisted […]
Gilbert LLP Attorney Dan Wolf Honored by Legal Aid Society With Making Justice Real Pro Bono Award
WASHINGTON, D.C. – Gilbert LLP is proud to announce that Dan Wolf, an Associate with the firm, has been honored […]
Gilbert Retained by Committee of Tort Claimants in Imerys Bankruptcy Matter
WASHINGTON, D.C. – Gilbert LLP, a leading insurance recovery firm, has been retained as special insurance counsel to the Official […]
Tours in Trouble: A Rock Star’s Response to Coverage Denials Based on Physical Injury or Mental Health
Touring is a major source of profits for today’s successful recording artists, and they spend considerable sums on venues and […]
Tours in Trouble: A Rock Star’s Response to Coverage Denials Based on Physical Injury or Mental Health
Touring is a major source of profits for today’s successful recording artists, and they spend considerable sums on venues and […]
Gilbert Partner Jenna Hudson Speaking at National Opioids Conference on June 6
WASHINGTON, D.C. – Jenna Hudson, a partner at Washington, D.C.-based Gilbert LLP, will speak on a panel tomorrow at the […]
Release of Todd Leininger from Venezuelan Prison
Gilbert LLP is very happy to welcome back to the United States our client Todd Leininger, who was unjustly held […]
Gilbert LLP Works With Delaware Attorney General to Pursue All Three Levels of Prescription Opioids Supply Chain
WASHINGTON, D.C. – On April 2, 2019, Gilbert LLP, on behalf of the State of Delaware, took additional legal action […]
Tribes Get Tentative Green Light In Opioid MDL
U.S. Magistrate Judge David A. Ruiz issued two reports Monday recommending trimming the tribes’ claims against drug manufacturers, distributors and […]
Political Risk Coverage: Options and Opportunities
Political turmoil across the globe has led to unprecedented risks for U.S. companies doing business abroad. A surge in nationalism […]
Life on the B Side: Social Media Advertising Under CGL Coverage B (Part 2)
The following is Part II in our two-part series on the intersection between social media advertising and the lesser known […]
The Opioid Crisis Costs Billions. Will Insurance Pay For It? (Part 2: “Occurrence”)
Every day we learn new horrors about America’s opioid epidemic. As discussed in my last entry, insurance issued to the […]
Gilbert LLP Files Amicus Brief in North Carolina Gerrymandering Case
Gilbert LLP filed a friend-of-the-court brief on March 8 with the Supreme Court opposing efforts by North Carolina Republicans to […]
Michael Cohen Files Indemnity Lawsuit Against the Trump Organization
Gilbert LLP is representing Michael Cohen with respect to claims against his former employer, the Trump Organization, based on the […]
FAA Proposes Amendments to Rules Applicable to Drones
Nearly four years ago I first wrote about the proliferation of commercial drones and the myriad of insurance and regulatory […]
Social Media Advertising Under CGL Coverage B (Part 1)
The following is Part I of a two-part series on the intersection between social media advertising and the lesser known […]
Securing Coverage for Wrongful Termination
Employers can be subject to a wide array of employment-related claims and often purchase employment practices liability insurance (EPLI) to […]
Delaware AG Can Pursue Fraud Claims Against Opioid Makers
Law360 — Delaware can move ahead with a case calling out drug manufacturers for downplaying the addictive nature of opioids, […]
Gilbert LLP Launches New Website
WASHINGTON, D.C. – Gilbert LLP announced today that it has launched www.GilbertLegal.com, a savvy new website that presents Gilbert’s mission, […]
Duke Energy, insurers mull settlement of $600M coal-ash liability suit
Charlotte Business Journal By John Downey Duke Energy and some two dozen insurance companies are negotiating a possibility of what […]
The Opioid Crisis Costs Billions. Will Insurance Pay For It? (Part 1)
There is an opioid crisis plaguing the United States. Millions of Americans are addicted, and tens of thousands die annually […]
Gilbert LLP Announces Selection of Jenna Hudson as New Firm Partner
Gilbert LLP announced today that it has named Jenna Hudson to the firm’s partnership effective January 1, 2019. Hudson has […]
Rick Leveridge Joins Gilbert
Rick Leveridge has been practicing law for over 35 years.
Gilbert LLP Ranked in Top Tier by U.S. News & World Report
Gilbert LLP has been ranked in the top tier of insurance law firms in Washington, DC by U.S. News & World Report’s 2019 Best Law Firms.
Excess D&O In Del.: A Safe Forum For Exhaustion Disputes
Over the past decade, excess D&O insurers have become increasingly aggressive in denying coverage when a policyholder settles with one […]
Confronting D&O Insurers’ Efforts To Carve Back Subpoena Coverage
Whether a government subpoena constitutes a “claim” is a frequently contested issue between D&O insurers and their policyholders. D&O policies […]
How To Deal With Insurers’ Litigation Management Guidelines
Insurers have broad obligations to defend claims against their policyholders. However, as policyholders quickly learn when facing a claim, insurers […]
U.S. District Court Grants American Held Prisoner in Iran $63 million
Judge Ellen Huvelle of the U.S. District Court for the District of Columbia has granted the motion of Amir Hekmati, an American held prisoner in Iran, for default against the Islamic Republic of Iran and awarded Mr. Hekmati over $63 million in compensatory, economic and punitive damages.
Standard Insurance Policy May Cover Government Subpoena
Responding to a government subpoena presents unique and significant challenges for in-house counsel. Government agencies often wield broad subpoena powers […]
Is a Sealed Lawsuit a “Claim”? Insurance Coverage Issues for Qui Tam Actions
A critical coverage issue under “claims made” liability insurance policies-which typically cover only claims made against a policyholder and noticed […]
Employing Insurance to Protect You From Wage & Hour Suits in Light of Updated Regulations
In 2014, we reported that wage and hour lawsuits—claims in which employees and companies dispute the amount owed to an […]
Foregone Conclusion: Insurers Hire Lawyers To Deny Big Claims Before Evaluating Them
Insurers increasingly are using law firms rather than traditional in-house personnel as claim handlers, particularly on major claims by business […]
A Comprehensive Look at Potential Drone Related Liability and Insurance Coverage Implications
In May, I posted an article regarding the burgeoning use of commercial drones and potential liability associated with state enacted […]
No Special Privileges
Insurers increasingly are using law firms rather than traditional in-house personnel as claim handlers, particularly on major claims by business […]
Don’t Let Pre-Notice Defense Costs Get Away
When a policyholder first learns that they are facing litigation (or any third-party claim), they are immediately confronted with many […]
Website Immunity Under the Communications Decency Act
To encourage the growth of the internet, the Communications Decency Act immunizes companies that host content from liability for that […]
If Robo-Cars Are Perfect, Why Will They Raise Your Insurance Premiums?
The Wall Street Journal recently ran a column centered on a surprising statistic: Self-driving cars, though perfect, get into more […]
As Drones Hit the Sky, Lawsuits Predicted to Fly
The rise of Unmanned Aerial Vehicles (“UAV”), also known as drones, is well-documented. In fact, the global market for non-military […]
President Obama Signs Bill Extending Federal Terrorism Reinsurance Program
Born out of the September 11, 2001 terrorist attacks, on November 26, 2002, President George W. Bush signed into law […]
Have Some Insurers Lost the Forest for the Trees?
The value of confidentiality in settlement negotiations can hardly be disputed. Parties routinely require it, the Federal Rules of Civil […]
Not By “Any Manner” Of Means: Securing Cyber-Crime Coverage After Zurich v. Sony
Much has been written about the New York Supreme Court’s landmark ruling in Zurich American Insurance Co. v. Sony Corp., […]
Wage and Hour Claims: A Look Back on The First Half of 2014
As the mid-point of 2014 fades into the rearview mirror, it is clear that wage and hour claims continue to […]
$2.9 Million Jury Award For Texas Fracking Claim: Lessons for Energy Company Risk Managers
A jury in Dallas recently awarded $2.9 million to a Texas family in one of the first trials involving allegations […]
There is No Need To Be Alarmed By Alarmist Readings of New York’s Most Recent Ruling On Waiver of Notice Defenses
The New York Court of Appeals recently reversed and remanded a lower court’s ruling that insurers had waived their late […]
The False Conception That FCA Claims Are Not Covered
In 2013, the United States Department of Justice recovered $3.8 billion under the False Claims Act (“FCA”), bringing the total […]
Redbox Covers the Nation with Red Box DVD Rental Units, But its CGL Policy Doesn’t Cover Redbox
Companies facing liability for possible violations of privacy protection statutes are continuing to look to their traditional commercial general liability […]
Despite Often Presumed Limitations, Policyholders May Have General Liability Coverage for Supply Chain-Related Breaches of Contract and Damages That Result in Recall
The Eighth Circuit recently confirmed that the all-too-common conceptions that breaches of contract and damages that result in recall are […]
What Do You Get When You Cross March Madness With Insurance?
A chance to win one billion dollars. Quicken Loans and Berkshire Hathaway recently announced that they are teaming up to […]
Given Proliferating Wage & Hour Claims, Specialized Insurance an Important Consideration for Employers
Given a dramatic increase in both the number of wage and hour lawsuits and the average cost to employers to […]
Insurance by Number
Jurist and law professor Richard Posner recently commented on a common problem among lawyers, namely, that they believe they have […]
Three Tricks That Make Negotiations Work
The Forbes Leadership Forum recently published Gilbert LLP Partner Richard Shore’s article on “Three Tricks That Make Negotiations Work“ – […]
Delaware Decision Makes It Increasingly Difficult for Insurers to Evade Coverage for Dissolved Corporations
Can an injured plaintiff obtain compensation from a dissolved company with unexhausted insurance policies and force the insurer to pay? […]
Texas Supreme Court Rejects Insurer Expansion of Limited Exclusion for Liability Assumed by Contract, Compelling Insurer to Defend Construction Defect Dispute
In a highly anticipated ruling earlier this month, the Texas Supreme Court rejected Amerisure Insurance Company’s attempt to radically expand […]
How Insurance Works with Labeling and Duty-to-Warn Lawsuits
Food processors can use existing and new insurance policies in cases involving alleged violations of Prop 65 Labeling and duty-to-warn […]
Lessons from a Recent Wage & Hour Ruling
Wage and hour lawsuits continue to rise and it is clear that they are here to stay. See, e.g., Andrew […]
Insurers Cannot Avoid Coverage Obligations Based on a “Technicality”
The Colorado Court of Appeals recently reiterated that insurers cannot escape their coverage obligations based on “technicalit[ies]” that do not […]
Second Circuit Weighs in on D&O Excess Coverage
A hot topic in the world of directors and officers liability insurance is the application and interpretation of excess coverage. We discuss […]
Recent Ruling Highlights Inconsistent Conclusions Regarding Number of Occurrences by Courts Applying the “Cause” Test
It’s a disturbingly common situation. A youth gets access to the family gun and, accidentally or otherwise, kills or injures […]
Broken Records – Addressing Insurers’ Improper Attempts to Evade Their Discovery Obligations Based on Their Own Poor Record Keeping Systems
The scope of discovery is a hotly contested issue in many insurance coverage disputes. Discovery is an insured’s opportunity to […]
West Virginia Reverses Course to Expand Coverage
In the construction industry, small defects in workmanship can result in dramatic losses. For example, water damage losses arising from […]
Déjà Vu All Over Again: Insurers Argue That Below-Limits Settlements With Underlying Insurers Negate Excess Coverage
If an insured faces liability that demonstrably exceeds the limits of underlying insurance, can an excess insurer avoid its coverage […]
The “Non-Cumulation” Clause: Another Attempt by Insurers to Escape Coverage Obligations
Imagine the following scenario: your company faces thousands of lawsuits because, years ago, it produced a product that people now […]
Recent Decisions Regarding Duty to Warn Could Have Impact on Insurance Coverage
When we hear news of developments in the world of torts that could expand areas of potential liability, we naturally […]
A Recent Development in “Wage and Hour” Insurance
In our August 1, 2012 blog entry titled “Insurance Coverage for Wage and Hour Litigation Claims,” we discussed the recent […]
Is Your D&O Policy Bankrupt-Ready? 10 Underwriting Tips To Protect Your Directors and Officers
Protection of the personal assets of board members and c-suit corporate officers through indemnification and insurance is a challenge for […]
Risk-Management Mechanisms Associated With Gluten Allergies
Approximately 1% of the United States population is allergic to gluten, a protein found in wheat, barley, and rye. For […]
How to Avoid Turning a Settlement with Your Primary Insurer Into a “Get Out of Jail Free” Card for Your Excess Insurer – The Qualcomm Dilemma
Imagine for a moment that you have two customers, Diane and George. Diane and George each owe you money for […]
Substance Over Form: Insurance Notice Requirements Are Met When An Insurer Has Notice From Any Source
Insurers frequently attempt to avoid their coverage obligations by contending that their insureds provided late notice of claims or occurrences. […]
Illinois Appeals Court Reaffirms Zurich v. Raymark, Strengthens All Sums Precedent Under Illinois Law
In a significant victory for policyholders, the Illinois Appellate Court reversed a trial court decision that John Crane, Inc. (“Crane”) […]
Court Affirms that Medical Science Supports “Continuous” Asbestos Trigger
In the recent Plant Insulation case, a California court addressed the evolution of the medical science behind the “continuous” asbestos […]
Four Non-Traditional Mediation and Negotiation Strategies
If your company or organization finds itself engaged in litigation, chances are that the dispute will be resolved in a […]
Sixth Circuit Rules in Favor of Asbestos-Containing Product Manufacturer-Policyholders
Comprehensive general liability policies limit the amount the insurer has to pay for each “occurrence”, which is typically defined as […]
Rise in Food Contamination Calls for Proactive Risk Management in 2013
Despite improvements in food safety over the last two decades, 2012 saw no shortage of recalls due to food contamination. […]
Skirmishes Over Use of Social Media in Litigation Continue to Intensify
Since our prior two posts on the issue, there have been several developments showing that questions about the proper use […]
Ten Things Every Company Needs To Know About Insurance Coverage For Superstorm Sandy
There is a good chance you have coverage. There is a good chance that affected companies have insurance for some […]
Insurance Coverage for Wage & Hour Claims Arising Out of Superstorm Sandy
Although the full scope of Superstorm Sandy’s financial impact will not be known for some time, there is little debate […]
Protecting Your Bottom Line from the Cost of National Association of Securities Dealers and FINRA Investigations
When self-regulatory organizations (“SRO”), such as the Financial Industry Regulatory Authority (“FINRA”), commence an investigation or proceeding, member firms are […]
Recent Ethics Charges Against Attorneys Demonstrate Need for Full Understanding of “Do’s and Don’ts” of Using Social Media As Litigation Tool
As we discussed in an earlier post regarding the use of social media to research potential jurors, the information available […]
Insurance Coverage for Wage and Hour Litigation Claims
There has been a surge in wage and hour litigation recently, and it has been getting a lot of attention. […]
Four Tricks That Make Mediation Work
In an article just published in the Forbes Leadership Forum, I outline four counterintuitive strategies that harness the strengths of […]
Fracking Risk and the Nationwide Underwriting Guidelines
Nationwide Mutual Insurance Co. made headlines in the ongoing debate over hydraulic fracturing earlier this month, declaring that it won’t […]
Companies With Formaldehyde Risks Should Consider Insurance Issues Sooner, Not Later
In June 2011, the U.S. Department of Health and Human Services released a report identifying formaldehyde as a “known carcinogen” […]
How Far Can Lawyers Go in Researching Jurors on Social Media Sites?
As in any case, a favorable jury can be a key component to success in an insurance coverage trial. Selecting […]