Entries by Kyle Langan

The Rising Tide of Product Liability

The Rising Tide of Product Liability September 27th, 2024 by Jerry Conrey and Kyle Langan What Manufacturers Need to Know: Are U.S. manufacturers playing in a high-stakes game? Recent statistics show that product liability verdicts have skyrocketed by 50% over the past decade, with a staggering median verdict of $36 million in 2022. [1] As […]

An Iatrogenic Case Study

Intervention for Diabetes: Iatrogenic? Kyle Langan, 2024 Novo Nordisk manufactures Wegovy and Ozempic — the brand names for Semaglutide. [1] However, its intervention to help those with Type 2 Diabetes has now led to unforeseen consequences (unforeseen for the consumer). [2] The intervention caused a bodily injury worse than the matter it tried to heal. […]

New DOL Rule’s Impact on Workers Compensation

Ever discovered a misclassification at the time of a work comp audit? If workers get misclassified as independent contractors, consequences will occur when they are determined as uninsured employees. However, because there is not one single test to evaluate independent contractor status for all purposes, employers may face complexity in their compliance efforts. [1] To […]

What is a Nuclear Verdict? Employment Practices Loss Example

Edited August 9th, 2024 by Kyle Langan Are employers held accountable for their wrongful acts? Upon litigation, businesses have frequently encountered juries that are sympathetic to plaintiffs, making them more susceptible to nuclear verdicts ($10 million or more) [1]. QUESTION: What could have prevented or reduced the severity of this nuclear verdict example? Example: Microsoft’s […]

Included or Excluded? Trustee Services, Insured vs. Insured Provisions in a Professional Liability Policy

Professional Services Coverage for a Trustee Are Trustee Services covered within a Miscellaneous Professional Liability or Errors and Omissions (E&O) Policy for the following roles? Trustee, Protective Committee, Investment Trustee, Distribution Committee, Successor Trustee Receiver, Agent of Record, Paralegal, Personal Representative/Executer, Power Of Attorney The answer is yes, but not by default. For the nature […]

Former teenage Wendy’s employee awarded $5 million

July 19, 2024, by Kyle Langan $5 million award for victim of perpetrator who abused teen girl co-workers at Wendys  QUESTION Which commercial insurance contract responds to this type of loss? Failure #1: Thorough pre-hire background check The lawsuit alleges that the company hired the perpetrator in October 2016, despite his previous convictions in Missouri […]

Heat Injury and Illness Prevention Update: Compliance with OSHA

July 2, 2024: OSHA is proposing to issue a new standard, Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. The standard would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors. It may soon require employers to create a plan to evaluate and […]

A detailed look at sample language from an Assailant Insurance Contract

Commercial decision makers may have seen ‘coverage highlights’ or vague, abstract views of assailant coverage. To dive deeper, what sort of actual policy language should a buyer of an Active Assailant Insurance Contract Expect? Protection for Losses Arising From An Attack at Insured Location. Perils covered, directly resulting from an Attack that occurs during the […]

Cyber Threat Scenarios – What might an attack look like?

Edited June 6th, by Kyle Langan What is a business email compromise or email account compromise? These cyber risks are financially damaging digital crimes. It exploits the fact that so many professionals rely on email to conduct business. “In a business email compromise (BEC) scam, criminals send an email message that appears to come from […]

What could the financial impact of a cyber loss event cost?

Published April 24, 2024 by Kyle Langan Are smaller companies targeted with attacks? Have you seen attempts at Funds Transfer Fraud, through phishing? Sinister sources send these attempts out frequently, and may be experienced the most by small businesses [1]. Weaker security measures are targeted, which is why lower sized operations could find themselves susceptible. […]