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Marialuisa Gallozzi

Marialuisa (ML) Gallozzi has helped for-profit and nonprofit policyholders develop and execute efficient and practical insurance recovery strategies. As lead counsel, she has helped secure over half a billion dollars for high-value first-party losses and third-party liabilities. In addition to representing policyholders in insurance claims, she also advises policyholders in placing and tailoring insurance coverages for unique risks, transferring risk in contracts and transactions, and preparing for and managing crises.

Chambers USA notes her "great breadth of experience," describing her as "brilliant" and "highly intellectual." Business Insurance named her as one of its "Women to Watch" in 2014. In 2019 and 2020, Washington DC Super Lawyers named her one of its "Top 100 Lawyers" and "Top 50 Women Lawyers." Recent completed engagements include:

  • Product Contamination/Recalls: Represented a U.S. food manufacturer in resolving a claim under a product contamination policy.
  • Cyber: Represented a hospital system in obtaining insurance recoveries for a system-wide ransomware attack.
  • Captives: Advice on coverage property damage, business interruption, and terrorism losses.
  • Cargo: Represented a nonprofit organization in seeking coverage for products destroyed by fire.

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

Although the National Cybersecurity Awareness Month of October has come to a close, it is not too late for corporate counsel and risk managers to be thinking about cyber-risk insurance — an increasingly essential tool in the enterprise risk management toolkit. But a prospective policyholder purchasing cyber insurance for the first time may be hard put to understand what coverage the insurer is selling and whether that coverage is a proper fit for its own risk profile. With little standardization among cyber policies’ wordings, confusing labels for their covered perils, and little interpretive guidance from case law to date, a cyber insurance buyer trying to evaluate a new proposed policy may hardly know where to focus first.

After pursuing coverage for historically major cyber breaches and analyzing scores of cyber insurance forms over the past 15 years, we suggest the following issues as a starting point for any cyber policy review:
Continue Reading Top Tips and Traps for Cyber Insurance Buyers