Legal Insights for the Insured

Shawn S. Ledingham Jr.

Shawn S. Ledingham Jr.

Associate

Shawn S. Ledingham, Jr. is an associate in the Litigation Department, and a member of the Sports Law and Insurance Recovery & Counseling Groups.

Shawn has substantial experience in and knowledge of the sports industry and focuses on antitrust claims and intraleague relationships. Shortly after joining Proskauer, where he had been a summer associate, he represented Major League Baseball in its investigation into Frank McCourt’s ownership of the Los Angeles Dodgers, as well as in the subsequent Dodgers bankruptcy.

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Texas Says EPA Administrative Actions under CERCLA Trigger Duty to Defend

As any company facing EPA administrative action under CERCLA knows, the financial risk and defense costs associated with those proceedings can be the same as the risk and costs of an EPA lawsuit under CERCLA. But insurers have argued that administrative actions are very different from suits under standard CGL policies. Those policies, insurers argue, … Continue Reading

Bank Bond Covers Third-Party Losses Arising out of Bank Employee’s Fraud, Eighth Circuit Holds

Fidelity bonds are purchased primarily to protect against loss to the policyholder’s own assets, from things like employee theft or embezzlement. In Avon State Bank v. BancInsure, Inc., however, the Eighth Circuit interpreted the language of a bank’s fidelity bond to provide broader coverage, holding that the bond indemnified Avon State Bank for liability to … Continue Reading

Texas Federal Court Clarifies Broad Scope of Professional Liability Policies for Lawyers

Lawyers may be surprised to learn that lawsuits brought by clients challenging something other than purely legal advice or advocacy—such as billing—may not be covered by their professional liability policies.  Interpreting the phrases “professional services” and “legal services” in such policies narrowly, courts in some jurisdictions—including Texas—have historically limited professional liability coverage to claims based … Continue Reading

California Federal Courts Tell Insurers Not to Jump the Gun in Suing Policyholders for Reimbursement

In a series of opinions issued over the past few months, federal judges in California have reiterated that insurers must wait until they are finished defending their policyholders before they sue those policyholders for reimbursement of defense costs.  While California remains one of the handful of states in which an insurer can try to claw … Continue Reading

New Ridesharing Legislation Highlights Insurance Uncertainty in Emerging Industries

Managing a company’s exposure to new types of risks is often a complicated endeavor.  We’ve previously reported (here and here) on the uncertainty that can arise when existing coverage models are applied to a new risk—such as losses arising from data breaches and other cyber-attacks.  Applying existing coverage models to emerging industries presents similar challenges.  … Continue Reading

Pennsylvania Supreme Court Denies Review of Faulty Workmanship Decision

Last week, the Pennsylvania Supreme Court let stand the appellate decision in Indalex, Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., which held that mold related health problems and property damage allegedly arising from defective doors and windows constituted an “occurrence,” triggering coverage under the door and window manufacturer’s commercial general liability policy.  … Continue Reading

SEC Commissioner Highlights Need for Cyber-Risk Management in Speech at New York Stock Exchange

As we’ve previously reported, cyber risks are an increasingly common risk facing businesses of all kinds.  In a recent speech given at the New York Stock Exchange, SEC Commissioner Luis A. Aguilar emphasized that cybersecurity has grown to be a “top concern” of businesses and regulators alike and admonished companies, and more specifically their directors, … Continue Reading

Pennsylvania Superior Court Finds Coverage Under CGL Policy For Product Defect Claims

Policyholders seeking defense costs for products liability claims received welcome support from a Pennsylvania appellate court which rejected an excessively restrictive view of the scope of coverage offered under commercial general liability (CGL) policies.  The court in Indalex, Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., reversed, or at least slowed, what appeared … Continue Reading

Cyber Hacking: Are You Covered?

Cyber hacking, data breaches, and privacy concerns are an increasingly common risk facing companies today.  These breaches, often grabbing national headlines, can lead to substantial financial exposure.  While a growing market for stand-alone cyber insurance policies is available to minimize this risk, companies facing exposure resulting from a data breach may also have existing coverage … Continue Reading
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