Notable Professional Liability Insurance Decisions of 2024

Jennifer Mathis | Troutman Pepper Locke LLP

Jennifer has distinguished herself as a go-to adviser for her clients on complex professional liability insurance coverage disputes in California and nationwide. She has achieved numerous victories at the trial and appellate level in state and federal courts in high stakes coverage and bad faith litigation. She also assists her insurance clients with resolving and managing complex professional liability claims arising under public and private directors and officers and corporate liability policies, employment practices liability policies, health care and human services liability policies, lawyers liability policies, and a wide spectrum of other miscellaneous professional liability policies, media, technology, and cyber liability, including advising clients on the unique issues faced when insureds are in bankruptcy. She also strategizes on policy drafting issues and assessing ongoing risks. In addition to her insurance coverage practice, Jennifer maintains a general civil and commercial litigation practice. Her clients have included large corporations, not-for-profit entities, wholesale and retail insurance brokers, small business owners, and individuals.

Jennifer has collaborated on pro bono matters with the Orange County Public Law Center, the American Civil Liberties Union of Southern California, Human Options (an Orange County shelter for victims of domestic abuse), KIND (Kids in Need of Defense), and the Washington, D.C.-based Bazelon Center for Mental Health Law. These pro bono matters include cases involving free speech and free exercise of religion, preparing attorneys’ fee petitions for prevailing parties in civil rights litigation, assisting unaccompanied minors in navigating their way through the U.S. immigration system, and obtaining protective orders for victims of domestic violence. She also has represented clients in step-parent adoption cases.

James A. Hazlehurst | Troutman Pepper Locke LLP

James represents clients in insurance coverage disputes and other complex litigation. He handles a wide range of matters, with particular emphasis on general liability insurance and bad faith claims. He also has experience in disability, life, and health insurance coverage and litigation matters.

Prior to joining the firm, James was an associate at another firm, where he gained extensive experience in all phases of the litigation process, including discovery, motion practice, and trial preparation.

Melina Kountouris | Troutman Pepper Locke LLP

Melina assists insurance companies in navigating complex coverage-related matters, including first- and third-party cases across various policies such as general liability, errors and omissions, property and casualty, and cyber. She acts as coverage counsel for insurers in evaluating claims under cyber policies.

Melina’s background includes internships with the Los Angeles County District Attorney’s Office and the Santa Monica City Attorney’s Office, as well as the Consumer Law Section of the California Office of the Attorney General – Department of Justice.

Melina’s publications and presentations on topics such as wire transfer fraud and cybersecurity policies demonstrate her commitment to staying at the forefront of industry developments, helping her clients receive informed and up-to date counsel.

Molly McGinnis Stine | Troutman Pepper Locke LLP

Molly represents insurers and reinsurers on cyber, technology, media, data security, professional liability, directors and officers, errors and omissions, and financial liability policies. She provides legal advice to insurers developing or revising wording for such policies.

Molly has represented insurers in about 1,500 first- and third-party cybersecurity and privacy claims arising out of several different policy wordings, legal theories, and factual situations. She frequently advises on claims concerning incident and breach response, cybersecurity and privacy liability, regulatory proceedings, ransomware, malware, extortion, business email compromise, wire transfer fraud, business interruption or business income loss, data or system restoration or replacement costs, errors and omissions or professional liability, advertising, website, or media content liability.

Molly supports insurers with numerous professional liability claims involving a wide variety of professions, causes of action, and forms of damage. In addition, she works closely with third-party liability and casualty claims, including those involving catastrophic situations and those alleging bodily injury or property damage arising from longtime or latent environmental, occupational, and other exposures. Molly addresses first-party property damage and business interruption claims, including hurricane, mining, cargo, and trucking matters. In addition, her work encompasses extra-contractual and bad-faith topics.

Molly’s litigation matters include a wide variety of organizations and industries facing financial exposures of all sizes in jurisdictions throughout the U.S. Her experience includes jury and bench trials and matters on appeal. Recognizing that not every matter should proceed to court or arbitration, Molly regularly works to resolve possible disputes without adversarial proceedings and to negotiate commercial settlements.

Molly also works with clients to create and implement programs and procedures for cybersecurity and privacy risk management, address regulatory and contractual requirements, engage in solid practices for third-party service provider and vendor relationships, and bolster incident preparedness and response readiness. Molly is a frequently requested speaker and a prolific writer on cybersecurity, privacy, and insurance topics.

Jordan K. Jeffery | Troutman Pepper Locke LLP

Jordan is an associate in the firm’s Insurance + Reinsurance Practice Group. He focuses his practice on representing clients in complex, high-stakes litigation, including contract disputes, insurance coverage disputes, bad faith litigation, declaratory relief actions, and trademark disputes in federal courts, state courts, arbitration, and mediation. Jordan brings his years of experience to support clients in all stages of litigation, including through trial and appeal. Jordan has deep experience in insurance disputes involving professional liability and environmental cleanup actions. He also routinely provides advice on policy interpretation and is often called on to evaluate coverage disputes.

Jordan’s pro bono work has included civil rights litigation, representation of survivors of domestic abuse, public records act disputes, preparation of amicus briefs for nonprofit organizations, and immigration matters.

Prior to joining the firm, Jordan was an associate attorney at a prominent international law firm. Jordan also served as a judicial extern to the California Second District Court of Appeal. While attending law school, he was a member of UCLA’s Moot Court Honors Program and served as a managing editor of the UCLA Entertainment Law Review. Jordan was honored as a finalist in UCLA’s Roscoe Pound Moot Court competition.

I. Notice | 1:00pm – 1:04pm

II. Related Claims | 1:04pm – 1:08pm

III. Prior Knowledge, Known Loss, and Rescission | 1:08pm – 1:12pm

IV. Prior Acts, Prior Notice, and Pending and Prior Litigation | 1:12pm – 1:16pm

V. Dishonesty and Personal Profit Exclusions | 1:16pm – 1:20pm

VI. Restitution and No Loss | 1:20pm – 1:24pm

VII. Insured Capacity | 1:24pm – 1:28pm

VIII. Insured v. Insured Exclusion | 1:28pm – 1:32pm

IX. Contractual Liability | 1:32pm – 1:36pm

X. Professional Services | 1:36pm – 1:40pm

XI. Independent Counsel | 1:40pm – 1:44pm

XII. Advancement of Defense Costs | 1:44pm – 1:48pm

XIII. Allocation | 1:48pm – 1:52pm

XIV. Recoupment | 1:52pm – 1:56pm

XV. Consent | 1:56pm – 2:00pm