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David Goodwin

David Goodwin is one of the nation’s leading insurance coverage practitioners, ranked in the highest tier by Chambers USA both nationally and in California. The leading legal directory described him as “one of the finest insurance lawyers there is” and “one of the strongest players around in contentious insurance cases.” Chambers USA adds that David is “a brilliant tactician,” and “a world-class litigator and an expert in insurance disputes,” and “an appellate star.” He has also been recognized by Law360 as one of the country’s top three “most valuable players” in the insurance practice area. .

With more than 35 years of experience representing corporate policyholders in insurance coverage disputes and litigation, David's practice runs the gamut of insurance issues, including major property damage and business interruption losses, errors and omissions, cyber, representation and warranty, fidelity, and director and officer claims, onshore and offshore construction insurance disputes, and products liability, environmental and marine insurance matters. David has served as a party arbitrator or counsel for a party in insurance arbitrations in the U.S., the UK, Bermuda, and Singapore. He also is a highly experienced appellate advocate who has argued more than 50 appeals.

David served as an adjunct professor at University of California at Berkeley Law School, where he taught courses on insurance law.

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Digital Health

In this bonus edition of our checkup series, Covington’s global cross-practice Digital Health team considers some additional key questions about product liability and insurance coverage that companies across the life sciences and technology sectors should be asking as they seek to fit together the regulatory and commercial pieces of the complex digital health puzzle.

1. What are the key questions when crafting warnings and disclosures?

If your product is regulated, your warnings and disclosures will need to comply with any relevant regulations. In the case of a product not regulated by the FDA or equivalent regulatory body, first consider how your warnings and disclosures will be incorporated into the use of the product.

Some disclosures, like an explanation of the data source used by software, may fit best in terms and conditions that a user sees before using the product. Key warnings, however, may be more appropriately placed as part of the user experience.

Example: A warning that patients should consult their doctors if necessary may need to be placed in proximity to specific medical content.

Best Practice: Consider your intended audience: are you writing warnings for doctors, patients, or institutions? The appropriate types of disclosures will vary across populations. Patient-directed warnings may also need to be written in simplified language.

Best Practice: Consider whether it is appropriate for your product to have users to accept or otherwise be required to agree to the warnings and disclosures.

Continue Reading Digital Health Checkup (Bonus): Product Liability and Insurance Coverage