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Articles by Dylan Bensinger
Maximizing Insurance Coverage for Emerging ‘Tobacco Surcharge’ ERISA Litigation
Employers nationwide are experiencing a new wave of ERISA litigation targeting so-called “tobacco surcharges” on employees enrolled in employer-sponsored health plans. Because these lawsuits are generally brought as putative class actions, the stakes can be significant and some multi-million dollar settlements have already become public. But employers need not face the costs of defending and resolving these ERISA cases alone.
Maximizing Insurance Coverage for Emerging 'Tobacco Surcharge' ERISA Litigation
Employers nationwide are experiencing a new wave of ERISA litigation targeting so-called "tobacco surcharges" on employees enrolled in employer-sponsored health plans. Because these lawsuits are generally brought as putative class actions, the stakes...
The Increasing Importance of Political and Marine/War Risks Insurance to Manage Risks From Global Unrest and Disruptions to the International Trade System | McGuireWoods LLP - JDSupra
Today, large swaths of the globe stand at the brink of political violence and armed conflict with some areas in active warfare. Russia’s ongoing war in Ukraine, Israel’s armed conflicts against Hamas in Gaza and Hezbollah in Lebanon, and the simmering tensions regarding China’s territorial claim to Taiwan and other disputed territories in the South China Sea are just a few international conflicts that grab daily international headlines.
America’s Aging Dams and Other Infrastructure is an Urgent Insurance Coverage Issue | JD Supra
Natural disasters are becoming more frequent, more severe, and more destructive. No part of the United States is entirely immune from some combination of tornadoes, fires, droughts, earthquakes, freeze events, and hurricanes.
NC Ruling Takes Practical Approach To Duty-To-Defend Costs
By Alec Covington, Dylan Bensinger and Shelby Guilbert ( October 31, 2024, 10:10 AM EDT) -- Courts around the country have held that when an insurer breaches its duty to defend, it can face significant consequences, including limitations on the insurer's ability to apply hindsight analysis when belatedly reviewing the insured's defense invoices to evaluate whether the amounts incurred were reasonable.... Law360 is on it, so you are, too.
NC Ruling Takes Practical Approach To Duty-To-Defend Costs
By Alec Covington, Dylan Bensinger and Shelby Guilbert · October 31, 2024, 10:10 AM EDT Courts around the country have held that when an insurer breaches its duty to defend, it can face significant consequences, including limitations on the insurer's ability to apply hindsight analysis when... To view the full article, register now.
North Carolina Business Court Holds that Defense Costs Are Presumed Reasonable When Insurers Breach the Duty to Defend | JD Supra
Courts around the country have held that when an insurer breaches its duty to defend, it can face significant consequences, including limitations on the insurer’s ability to apply hindsight analysis when belatedly reviewing the insured’s defense invoices for reimbursement.
Steps for Companies to Maximize Potential Insurance Recovery After the EPA’s Recent PFAS Designation | JD Supra
On April 19, 2024, the U.S. Environmental Protection Agency announced the designation of two per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) and their salts and structural isomers—as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).[1] In its designation, the EPA has identified over 85 industries it believes are most likely to be directly or indirectly affected by the...
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