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…
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/ Commercial Law & Contracts, Environmental Law, Consumer Protection, Insurance, Toxic Torts
On June 6, 2024, the United States Supreme Court issued its decision on an insurer’s standing in its policyholders’ Chapter 11 bankruptcy proceeding in Truck Exchange v. Kaiser Gypsum Co., 144 S. Ct. 1414 (2024). The decision…
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/ Bankruptcy, Business Organizations, Civil Procedure, Constitutional Law, Insurance
On October 7, 2024, the Hawaii Supreme Court, responding to questions certified by the United States District Court for the District of Hawaii, determined that insurers had no duty to defend Aloha Petroleum ("Aloha") in two…
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/ Commercial Law & Contracts, Environmental Law, Zoning, Planning & Land Use, Insurance
Insurers are impacted in many ways by the United States (U.S.) Supreme Court decisions, but very rarely does the Supreme Court wade into decisions directly involving insurance contracts or the rights of insurers. This term, the…
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/ Bankruptcy, Civil Procedure, Commercial Law & Contracts, Insurance
On February 5, 2024, New York State Senator Hoylman-Sigal once again brought forth the Grieving Families Act ("GFA") in its latest iteration: Senate Bill 2024-S8485. Continue reading for how this latest version of the act would…
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/ Insurance
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…
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/ Business Organizations, Environmental Law, Insurance, Privacy, Science, Computers, & Technology
On December 8, 2023, the California Privacy Protection Agency (CPPA) moved forward with an insurance regulation that could expand the privacy compliance obligations of insurance companies. The California Privacy Rights Act…
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/ Consumer Protection, Insurance, Privacy
Rulings by the United States Supreme Court profoundly impact insurers as businesses and corporate citizens. Additionally, decisions from the U.S. Supreme Court can also influence claims and policyholders' liabilities for which…
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/ Civil Procedure, Insurance, Maritime Law, Personal Injury
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 purpose…
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/ Environmental Law
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 facing…
more
/ Environmental Law, Zoning, Planning & Land Use
A significant number of states prohibit or restrict the arbitration of disputes between an insurer and its policyholder and/or preclude the inclusion of arbitral provisions in insurance policies.The McCarran-Ferguson Act ("MFA")…
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/ Civil Procedure, Insurance
A new Illinois law that aims to increase jury awards demonstrates that juries are not the only culprits of social inflation. Certainly, juries can render nuclear and thermonuclear verdicts, disregard jury instructions, place…
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/ Civil Procedure, Civil Remedies, Insurance
The increased frequency and severity of weather events have been felt globally, but California, Louisiana, and Florida are among the U.S. states that have been hit particularly hard. In response, three of the four biggest…
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/ Insurance
Corporations have long taken into account environmental, social, and governance (ESG) issues or considerations in connection with being "good corporate citizens" and with respect to regulatory compliance. In the wake of the…
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/ Business Organizations
Updated Social Inflation Survival Guide -
Insurance professionals and counsel deal with it on a daily basis, plaintiffs' personal injury lawyers are driving and benefiting from it, consumers and policyholders are paying for…
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/ Insurance
