Mikaela Whitman

Mikaela Whitman

May 20, 2022 | New York Law Journal

The 'Related Claims' Provision in Insurance Coverage Disputes

These provisions can play a pivotal role in the amount of coverage available for a given claim or claim(s) and can determine whether "claims" trigger multiple policy years or instead, whether those "claims" trigger only a single policy year.

By Mikaela Whitman and Tae Andrews

7 minute read

May 21, 2021 | New York Law Journal

The Legalization of Cannabis in New York and the Need for D&O Insurance Coverage

As both the number and type of New York businesses in the legalized cannabis industry continue to grow, their need for insurance coverage will only expand.

By Peter A. Halprin, Jeffrey Schulman and Mikaela Whitman

5 minute read

February 26, 2021 | New York Law Journal

What Will 'G&G Oil' Mean for New York Businesses Seeking Insurance for Ransomware Attacks?

Two recent cases highlight issues that every New York business should consider in evaluating coverage under crime policies for cyber crime and cyber risks.

By Peter A. Halprin, Mikaela Whitman and Nicolas A. Pappas

7 minute read

May 29, 2020 | New York Law Journal

The Coming Wave of Plastic Liabilities and Insurance Coverage

If a business manufactures plastic products or products that contain microplastics, it could face claims from individuals alleging bodily injuries or diseases from plastic exposure or microplastic ingestion. These risks may be mitigated by insurance.

By Mikaela Whitman

7 minute read

October 11, 2019 | New York Law Journal

Using Unfair Claim Settlement Statutes To Prove Bad Faith

While traditional sources of proof such as legal precedent, expert testimony, an insurers' past acts, industry customs, and legal consensuses (i.e., the Restatement), should certainly be considered, unfair claim settlement statutes likewise should not be overlooked.

By Mikaela Whitman

5 minute read

June 07, 2019 | New York Law Journal

Insurance Considerations in the Music Festival Business

Amid music festival season 2019 and in the wake of the Governors Ball 2019 cancellation, it's a timely moment to consider the host of potential liabilities and insurance issues faced by the music festival business.

By Mikaela Whitman

9 minute read

October 23, 2018 | FC&S Insurance

Debunking the Myth That the N.Y. First Dep’t Has Rung the Death Knell on the Insurability of Disgorgement

Whether there is insurance coverage for restitution or disgorgement of purported “ill-gotten gains” under Directors and Officers and other…

By Mikaela Whitman

11 minute read

October 12, 2018 | New York Law Journal

Debunking the Myth That the First Dep't Has Rung the Death Knell on the Insurability of Disgorgement 

Whether there is insurance coverage for restitution or disgorgement of purported “ill-gotten gains” under Directors and Officers and other professional liability policies (collectively here, D&O policies) has become a pervasive issue in jurisdictions across the country.

By Mikaela Whitman

11 minute read

August 15, 2018 | FC&S Insurance

Disgrace Insurance: The Crossroads of Branding and Scandal

Companies derive significant financial benefit from celebrity and influencer endorsements, spokespersons and brand ambassadors.  This financial benefit…

By Mikaela Whitman

4 minute read

August 09, 2018 | Law.com

Disgrace Insurance for Those Embarrassing and Costly Moments

In the age of social media, word of bad behavior spreads instantaneously, often causing immediate damage to brands.

By Mikaela Whitman

4 minute read