Professional Liability Insurance Coverage

Featured Publication:

Significant D&O Cases From the First Half of 2022

Gary L. Gassman and Stephanie A. Nashban wrote the article “Significant D&O Cases From the First Half of 2022” for Westlaw Today.

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For over five decades, domestic and international insurers have turned to Cozen O’Connor’s team of highly regarded professional liability coverage attorneys to help with the full gamut of professional liability matters. Our attorneys practice at the cutting edge of this dynamic and high-stakes insurance field, in which potential exposures can be catastrophic and insurance products are constantly changing in response to judicial decisions and market conditions.

We have a deep bench of lawyers who are particularly well known for their work representing insurers with regard to litigation involving the following lines of business: directors and officers, errors and omissions, employment practices liability, and fiduciary liability policies for public and private companies as well as not-for-profit organizations. We have represented insurers in major coverage disputes involving securities fraud, mergers and acquisitions, bankruptcy, ERISA claims, and cybersecurity breaches. We often represent clients in matters involving novel issues, and court decisions rendered in our cases have helped develop the law on professional liability coverage in many jurisdictions, including Delaware.

In addition to relying on us to try cases, our clients frequently turn to our team for assistance with in all aspects of policy drafting and claims handling to minimize the chances of a future dispute. Our attorneys routinely handle coverage analyses, mediations, and settlement negotiations. While our goal is to resolve disputes quickly and amicably, we have significant trial experience and are absolutely prepared to take large coverage cases to verdict when necessary. Our strong reputation for successfully representing our clients in the courtroom is a significant advantage in negotiation and alternative dispute resolution, helping us secure highly favorable outcomes.  

Cozen O’Connor is also distinguished by its geographic scope. With offices in over 30 cities across North America, we have the capability to respond wherever and whenever coverage issues arise and to provide representation by counsel with local experience, knowledge, and relationships. At the same time, clients benefit from the firm’s capabilities as a national, full-service business law firm with a wide range of experience, including in bankruptcy, technology and privacy, and securities law.

Our commitment to the insurance industry and to helping our clients stay abreast of legal developments impacting their business includes the creation and delivery of many sophisticated and impactful training and education programs every year. We host a yearly in-person professional liability group program in New York City as well as monthly webinars, each of which is attended by 1,000 or more insurance industry professionals. We are also frequently invited by major insurers to present in-house on new trends in the law, emerging exposures, and best practices for policy drafting. Moreover, we routinely publish widely read client alerts and articles on the latest issues impacting professional liability coverage, and team members have been profiled in prestigious publications like Business Insurance and Litigation Management Magazine.

In addition to the team’s training and educational initiatives, our attorneys are actively involved and hold leadership roles in many industry organizations, including the highly selective Federation of Defense & Corporate Counsel (FDCC), the American College of Coverage Counsel (ACCC), the Claims and Litigation Management Alliance (CLM), and the American Bar Association’s Tort Trial & Insurance Practice Section (TIPS).

Our unparalleled experience with all facets of professional liability coverage, coupled with our geographic reach, enables Cozen O’Connor to offer clients exceptional service in every jurisdiction in the country at sustainable and reasonable rates.

Experience

Publications

Seventh Circuit Affirms Insurers’ Application of Bump Up Provision to Exclude Coverage [Alert]

January 26, 2023

The U.S. Court of Appeals for the Seventh Circuit affirmed a district court’s holding that a settlement with various shareholder lawsuits met the definition of an “inadequate consideration claim” in a public company D&O policy and did not constitute a covered loss.

Seventh Circuit Affirms Ruling that Notice of Amended Complaint was Untimely [Alert]

November 15, 2022

In R.W. Dunteman, the court rejected the insureds’ arguments as undermining the purpose and ordinary operation of claims-made insurance.

Significant D&O Cases From the First Half of 2022

September 22, 2022

Gary L. Gassman and Stephanie A. Nashban wrote the article “Significant D&O Cases From the First Half of 2022” for Westlaw Today.

Business Insurance’s Up Close Column with Gary Gassman

September 16, 2022

Gary L. Gassman was featured in Business Insurance’s Up Close column, commenting on the insurance industry’s outlook and challenges, his advocacy for the LBGTQ+ community, and a look into his personal life, hobbies, etc.

Delaware Supreme Court Rejects Fundamentally Identical Relatedness Standard [Alert]

March 21, 2022

Angelo Savino and Ethan Price-Livingston discuss the decision in First Solar, Inc. v. Natl. Union Fire Ins. Co.

Ninth Circuit Affirms Application of Goods & Products Exclusion [Alert]

March 14, 2022

Angelo G. Savino and Rafael Rivera, Jr. discuss the Circuit Court's decision in Sentynl Therapeutics, Inc. v. U.S. Specialty Ins. Co.

Doing His Part [Chicago Lawyer]

July 16, 2021

Gary Gassman is featured in the July edition of Chicago Lawyer discussing championing diversity and inclusion initiatives in his many roles within Cozen O'Connor and the American Bar Association (ABA).

Delaware Supreme Court Validates Federal Forum Provisions in Delaware Corporations’ Charters [Alert]

March 24, 2020

Rafael Rivera discusses the Sciabacucchi decision and how it may impact state SCAs and limit attendant D&O-related costs.

Fifth Circuit Affirms Application of Securities Exclusion [Alert]

August 26, 2019

Rafael Rivera discusses Gleason v. Markel American Insurance Company and the importance of the wording of securities exclusions in D&O policies.

Eleventh Circuit Holds No Obligation to Cover Defense Costs from DOJ Antitrust Investigation

July 30, 2019

Rafael Rivera, Jr discusses the Circuit Court's decision in Crowley and how it may impact whether government investigations trigger coverage under D&O policies and, if so, at what point during an investigation.

Events & Seminars

Upcoming Events

31st Annual Insurance Coverage Litigation Conference

February 23, 2023 - Phoenix, AZ

Gary L. Gassman, chair of the ABA Tort Trial & Insurance Practice Section, Janet R. Davis, and Deborah M. Minkoff will moderate panels at the American Bar Association Insurance Coverage Litigation Committee Mid-Year Program in Phoenix, Arizona.

Past Events

2022 Professional Liability Seminar

September 15, 2022 - New York, NY

Recent Developments Concerning Molestation Claims

April 28, 2022 - Baltimore, MD.

In2Risk 2021

September 24, 2021 - Lake Buena Vista, FL

2019 Professional Liability Seminar

October 03, 2019 - New York, NY

2018 Professional Liability Seminar

November 01, 2018 - New York, NY

In The News

Three Cozen O’Connor Attorneys recognized as Crain's Chicago Business 2022 “Notable Gen X Leaders in Law”

December 12, 2022

Three Cozen O’Connor attorneys have been recognized as 2022 Notable Gen X Leaders in Law by Crain’s Chicago Business for their success and accomplishments in their leadership roles within the firm and across the legal community.

From Outsider to Insider: Why Do I Share My Journey of Personal Acceptance? Because It Leads to Positive Change

September 12, 2022

Gary L. Gassman wrote the article "Why Do I Share My Journey of Personal Acceptance? Because It Leads to Positive Change" for the September issue of the Claims and Litigation Management Alliance's magazine.

Cozen O’Connor Attorneys Gary Gassman and Josephine Bahn Installed in ABA Chair Roles

August 05, 2022

Gary Gassman and Josephine Bahn, have been installed in ABA Chair Roles.

The Business Insurance Interview with Gary Gassman of Cozen O'Connor

August 03, 2022

Gary Gassman, co-vice chair of the Global Insurance Department, discusses emerging D&O threats and how the hard market is affecting insurance claims disputes.

Cozen O'Connor's Alissa Christopher named Volunteer of the Week by the Human Rights Initiative of North Texas

June 14, 2022

Alissa Christopher, Member of the firm's Global Insurance Department, was recognized as the Volunteer of the Week by the Human Rights Initiative (HRI) of North Texas.

Leading Lawyers Network Recognizes 23 Cozen O’Connor Lawyers as Top Illinois Practitioners

March 02, 2022

The Leading Lawyers Network has named 22 Cozen O’Connor lawyers to its annual list of Illinois’ top practitioners and named one other as an Emerging Lawyer in its 2022 survey results.

Three Cozen O’Connor Attorneys recognized as Crain's Chicago Business 2021 “Notable Gen X Leaders in Law”

November 29, 2021

Three Cozen O’Connor attorneys have been recognized as 2021 Chicago Notable Gen X Leaders in Law by Crain’s Chicago Business for their success and accomplishments in their leadership roles within the firm and across the legal community.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

Cozen O’Connor Attorney Gary Gassman Elected Chair-Elect of ABA Tort Trial & Insurance Practice Section

August 20, 2020

Chicago attorney Gary Gassman, co-chair of Cozen O’Connor’s Professional Liability Coverage Practice, has been elected chair-elect of the American Bar Association Tort Trial & Insurance Practice Section (TIPS), one of the ABA’s largest sections.

Contacts

Angelo G. Savino

Chair, Professional Liability Practice Group

asavino@cozen.com

(212) 908-1248

Gary L. Gassman

Co-Vice Chair, Global Insurance Department

ggassman@cozen.com

(312) 474-7994

People

Awards

Leading Lawyers Network Recognizes 23 Cozen O’Connor Lawyers as Top Illinois Practitioners

March 02, 2022

The Leading Lawyers Network has named 22 Cozen O’Connor lawyers to its annual list of Illinois’ top practitioners and named one other as an Emerging Lawyer in its 2022 survey results.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

Related Practice Areas

Related Blogs

Avoiding Insurance Bad Faith

Covering state and federal bad faith decisions and practices impacting insurers.

Cyber Law Monitor

Following current trends in cyber, privacy, and data security law.

Property Insurance Law Observer

Covering first-party decisions and developments.

Upcoming Event:

31st Annual Insurance Coverage Litigation Conference

Phoenix, AZ 02/23/2023

Gary L. Gassman, chair of the ABA Tort Trial & Insurance Practice Section, Janet R. Davis, and Deborah M. Minkoff will moderate panels at the American Bar Association Insurance Coverage Litigation Committee Mid-Year Program in Phoenix, Arizona.

Event Details

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