We have previously written on the evolving risks associated with PFAS—also known as “forever chemicals”—and their implications for policyholders navigating environmental liabilities involving both PFAS and PFAS-related...more
4/22/2025
/ Commercial General Liability Policies ,
Contamination ,
Environmental Litigation ,
Hazardous Substances ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability ,
Manufacturers ,
PFAS ,
Popular ,
Regulatory Requirements
Just as the oilfield fuels the modern economy, master service agreements (MSAs) fuel the modern oilfield. But while almost every MSA contains indemnity and insurance clauses, experienced oilfield lawyers will advise their...more
11/1/2024
/ Commercial General Liability Policies ,
Excess Policies ,
Indemnity Agreements ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Master Service Agreement ,
Oil & Gas ,
Policy Terms ,
Reasonable Interpretations ,
Subrogation ,
Workplace Injury
When is a claim “brought” against an insured?
A Delaware bankruptcy court’s answer to this seemingly innocuous question turned into a nightmare for the estate of a bankrupt insured...more
The rare insurance dispute has appeared on the horizon for the nation’s highest court. Last month, the U.S. Supreme Court granted certiorari and agreed to take up the case of Great Lakes Insurance SE v. Raiders Retreat Realty...more
The Russia/Ukraine conflict has led to a monumental decoupling of Russia from the global economy, with dire consequences for many industries—including the aircraft leasing industry. Western governments’ still-evolving...more
IKEA’s Billy bookcase—so popular that one is reportedly sold every 10 seconds—recently got even cheaper, at least for Russians. IKEA is holding a fire sale as the company closes its stores and exits the Russian market. The...more
Ten billion dollars.
Russian airlines lease an estimated $10 billion worth of foreign-owned aircraft. Most of these aircraft are leased from companies based outside Russia—often in Ireland, a global aircraft-leasing hub...more
The presence of virus on the premises that renders the property unsafe can cause physical loss or damage and trigger property coverage without any distinct, demonstrable physical alteration.
Juries, not judges, get to...more
Nearly 700 years ago, England captured King John II of France and held him for ransom for four million écus. But France could not afford to pay, and King John II ultimately traded his two sons as substitute hostages to try...more
The United States declared a national emergency in response to COVID-19 on March 13, 2020, and states quickly followed with stay-at-home orders that impacted businesses and institutions nationwide. It has now been nine full...more
The Joint Panel on Multidistrict Litigation declines petitions for an industry-wide MDL, but will consider four insurer-specific MDLs.
In declining the petitions for an industry-wide MDL, the panel concluded that the...more
Many U.S. businesses face income losses from theft, vandalism and resulting curfew orders, which have affected numerous cities in recent days.
Commercial property insurance policies may provide coverage for these losses,...more
The insurance industry’s generic arguments that there is no coverage for the COVID-19 pandemic should not be accepted at face value, as coverage may be available depending on specific policy terms and individualized...more
In January, we were among the first to post on the insurance implications of coronavirus. Since then, the epidemic has landed on our shores, dragged down the stock market, and become a political football. It has affected...more
3/9/2020
/ Business Continuity Plans ,
Business Interruption ,
Commercial General Liability Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
D&O Insurance ,
Force Majeure Clause ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Policy Terms ,
Public Health ,
Supply Chain ,
Travel Insurance ,
Workers' Compensation Claim
Make an inventory of risk pathways that could affect your business.
Identify essential supply chains, raw materials or parts providers and service providers to assess impact of potential disruptions....more
3/5/2020
/ Business Disruption ,
Business Interruption ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
D&O Insurance ,
E&O Insurance ,
Emergency Management Plans ,
Infectious Diseases ,
Insurance Industry ,
Joint Venture ,
Professional Liability Insurance ,
Risk Management ,
Supply Chain ,
Travel Insurance
Coronavirus is already having significant economic impacts on industry, including business interruption and supply disruptions. Liability risks also exist, especially in industries like health care, hospitality,...more
There has been a drumbeat of news reports about Wuhan, China, a city more populous than any in the United States, which is in effective lock-down because of the coronavirus. Foreign nationals are being evacuated, travel has...more
1/30/2020
/ Bodily Injury ,
Business Interruption ,
Commercial Insurance Policies ,
Healthcare Workers ,
Hospitality Industry ,
Insurance Claims ,
Insurance Contracts ,
Liability Insurance ,
Policy Exclusions ,
Public Health ,
Sick Leave ,
Supply Chain
Hub City Enterprises Inc. and Wall St. Enterprises of Orlando Inc. ran an event called “Rum Fest 2017” in Orlando, Fla. Sounds like fun, doesn’t it? But one of the partygoers, who apparently paid to attend the festival, was...more
Affected businesses and other organizations should take immediate and proactive steps to maximize insurance recovery.
Gather insurance policies, as well as binders, and save them electronically or take them to an...more
The Supreme Court of Texas delivered good news to policyholders insured under a “Joint Venture Provision” endorsement commonly used in the oil and gas industry. In Anadarko Petroleum Corp. v. Houston Casualty Co.—a case...more
It’s time-proven advice: Never underestimate the power of an apology. This is true even in a legal context, and especially during a corporate crisis—an event with the potential to materially harm a company’s reputation or...more
Expanding the Boundaries of Coverage in the Face of Evolving Risks -
Advances in technology, social change, new regulations—developments like these challenge companies’ risk-mitigation efforts and insurance programs. As the...more
9/6/2018
/ #MeToo ,
Arbitration ,
Artificial Intelligence ,
Construction Industry ,
Cyber Insurance ,
Cybersecurity ,
Data Protection ,
Employer Liability Issues ,
EU ,
General Data Protection Regulation (GDPR) ,
Insurance Industry ,
Policy Terms ,
Popular ,
Property Damage ,
Sexual Harassment ,
Transportation Industry
On insurance coverage issues, sometimes the boat seems to be listing in the wrong direction. For example, insurers have long tilted the decks to avoid coverage for “spoofing” attacks and similar kinds of email fraud by...more