Per- and poly-fluoroalkyl substances ("PFAS") represent major exposures to insurers and their policyholders. Thousands of lawsuits are pending nationwide, and numerous large settlements have already been reached. Insurers are...more
11/15/2024
/ Choice-of-Law ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Forum Selection ,
Insurance Claims ,
PFAS ,
Policy Terms ,
Pollution Exclusion ,
Public Health ,
Toxic Chemicals ,
Toxic Exposure
As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more
12/22/2023
/ Affirmative Action ,
Artificial Intelligence ,
Asbestos ,
Biden Administration ,
Biometric Information Privacy Act ,
Business Interruption ,
California Privacy Rights Act (CPRA) ,
Climate Change ,
Construction Defects ,
Coronavirus/COVID-19 ,
Cybersecurity ,
D&O Insurance ,
Damages ,
Data Breach ,
Diversity and Inclusion Standards (D&I) ,
Duty to Defend ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Insurance Industry ,
Lead ,
Litigation Funding ,
Machine Learning ,
Marine Insurance ,
Misrepresentation ,
Opioid ,
PFAS ,
Pollution Control ,
Price Inflation ,
Privacy Laws ,
Reimbursements ,
Reinsurance ,
SCOTUS ,
Securities ,
Severe Weather ,
Students for Fair Admissions v Harvard College ,
Sustainability ,
Toxic Substances Control Act (TSCA) ,
Underwriting ,
West Virginia v EPA
On October 11, 2023, the U.S. Environmental Protection Agency (EPA) issued its final rule under the Toxic Substances Control Act (TSCA). The rule requires every company that manufactured or imported PFAS for a commercial...more
Per and polyfluoroalkyl substances (PFAS) represent major exposures to insurers and their policyholders. Thousands of lawsuits are pending nationwide and several large settlements have already been reached. Insurers are...more
8/30/2023
/ Asbestos ,
Centers for Disease Control and Prevention (CDC) ,
CERCLA ,
Coronavirus/COVID-19 ,
D&O Insurance ,
Environmental Protection Agency (EPA) ,
Insurance Industry ,
Insurer Liability ,
Motion for Summary Judgment ,
PFAS ,
Pollution Exclusion ,
Popular ,
Settlement
After a brief abatement due to pandemic-related litigation delays and court closures, social inflation returned with a vengeance replete with numerous nuclear jury verdicts. Although a case in any state is capable of...more
2/28/2023
/ Commercial General Liability Policies ,
Corporate Counsel ,
D&O Insurance ,
DE Supreme Court ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
General Data Protection Regulation (GDPR) ,
Insurance Industry ,
Insurance Litigation ,
PFAS ,
Popular
We have written extensively about environmental, social, and governance ("ESG") otherwise known as sustainability, and its impact on insurers and their policyholders. We have pointed out how ESG has impacted insurers qua...more
7/8/2022
/ Biden Administration ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Commercial General Liability Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Insurance Industry ,
Regulatory Authority ,
SCOTUS ,
West Virginia v EPA
The grip of the "all of government" approach to sustainability continues to tighten. Via a May 5, 2022 memorandum from the Associate Attorney General of the United States, the Department of Justice (DOJ) and the U.S....more