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Derrick Earl Anderson

Permit? So What! — Illinois Supreme Court Poised to Test the Limits of Pollution Exclusions

The Illinois Supreme Court has teed up a significant insurance question: Does a standard pollution exclusion bar coverage when the alleged “pollution” was not considered to be pollution when the policy issued—where the substance…more

Environmental Litigation, IL Supreme Court, Insurance Claims, Insurance Industry, Insurance Litigation

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Stephen Asay

Insurer Cannot Avoid Duty to Defend Defunct Insured

A recent decision in the Middle District of Florida, Southern Owners Insurance Company v. Gallo Building Services, Inc., reminds us of the high bar an insurer must clear to avoid its duty to defend an insured—even when that…more

Commercial General Liability Policies, Construction Project, Duty to Defend, General Contractors, Insurance Industry

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Patrick Blood

Narrowing the Professional Services Exclusion: Policyholder Lessons “Arising Out of” Practice Fusion v. Freedom Specialty Insurance Company

A recent decision by a California appellate court in Practice Fusion, Inc. v. Freedom Specialty Insurance Company, denying the policyholder more than $118 million in Directors & Officers liability coverage based on an expansive…more

Anti-Kickback Statute, Breach of Duty, D&O Insurance, Department of Justice (DOJ), Electronic Protected Health Information (ePHI)

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Matthew Brady

Contra Proferentem: Can Insureds Be Forced to Waive Its Protection?

Contra proferentem is a foundational legal principle with particular importance in insurance law. It mandates that any ambiguities in an insurance policy are construed against the insurer and in favor of the insured. The…more

Denial of Insurance Coverage, Insurance Industry, Insureds, Jurisdiction, Underwriting

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Mariah Brandt

Zurich Pleads with Court to Ignore Science

In a recent federal court filing, Zurich American Insurance Company asked the district court to ignore the entirety of science regarding COVID-19 in order to support Zurich’s denial of all coverage for COVID-19 business…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Denial of Insurance Coverage, Insurance Industry

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Tamara Bruno

The Latest on PFAS: What Policyholders Need to Know Now

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 chemicals…more

Commercial General Liability Policies, Contamination, Environmental Litigation, Hazardous Substances, Insurance Claims

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Logan Burkhead

California and New York to Open One-Year Windows Reviving Time-Barred Adult Sexual Assault Claims

Four months ago, New York Governor Kathy Hochul signed the Adult Survivors Act (ASA) (S.66A/A.648A), creating a one-year window, beginning November 24, 2022, for adult survivors of sexual assault to bring civil claims against…more

Cal Code of Civil Procedure, California, Civil Claims, D&O Insurance, Employment Practices Liability Insurance (EPLI)

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John Chamberlain

When Actual Knowledge Is Not Notice: Harvard Loses Excess Coverage for Defense Costs in Case Litigated All the Way to Supreme Court

Recently, amid the tempest of media coverage surrounding Supreme Court oral arguments in the case of Students for Fair Admission v. President & Fellows of Harvard College, another federal court quietly issued a dispositive order…more

Harvard University, Insurance Industry, SCOTUS, Students for Fair Admissions v Harvard College

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Lisseth Ochoa-Chavarria

Insurance Coverage Considerations for Tariff and Trade-Related Losses

Since President Trump took office on January 20, 2025, the administration has implemented significant changes to U.S. trade policy, including most notably with respect to tariffs. Within weeks of taking office, the White House…more

Commercial Insurance Policies, Construction Industry, Insurance Claims, International Trade, Risk Management

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Bryan Coffey

The Beginning of the End of an Era? Competition to Delaware’s Supremacy as Corporate Domicile and Implications for D&O Insurance

Delaware has long been the leading jurisdiction in which companies incorporate. According to Delaware’s published statistics from 2023..…more

Business Judgment Rule, Corporate Governance, Corporate Taxes, D&O Insurance, Delaware

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Ashley Cowgill

Insurance Considerations for Cannabis Delivery Services

The legal cannabis industry in the U.S. is growing at an unprecedented rate and is projected to reach $73.6 billion by 2027. While federal law still classifies marijuana as a Schedule I drug, many states have legalized both…more

Auto Insurance, Cannabis-Related Businesses (CRBs), Commercial General Liability Policies, Crime Insurance Policies, Cyber Insurance

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Colin Davis

Untying the Gordian Knot: The Second Circuit (Re)joins the Fray of Reverse Preemption of International Arbitration Provisions in Insurance Policies

The Second Circuit Court of Appeals has weighed in (again) on a still unsettled issue in the realm of insurance law: whether arbitration provisions in insurance policies issued by foreign insurers are enforceable notwithstanding…more

Appeals, Arbitration Agreements, Dispute Resolution, Federal Arbitration Act, Insurance Litigation

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Dinesh Dharmadasa

The COVID-19 Insurance Wars Are Just Beginning

We have been carefully monitoring the litigation filed across the country, where businesses are seeking coverage for the business interruption losses arising from the government closure orders issued to address COVID-19. Some of…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Department of Insurance, Insurance Commissioners

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Eugenie Dubin

Great Sargasso Seaweed Event May Lead to Covered Business Interruption and Loss of Use

As summer vacation rolls around and hotels, restaurants and other hospitality companies gear up for a busy tourist season, coastal businesses in the U.S. Southeast, Puerto Rico and the Caribbean may be welcoming an unexpected…more

Business Disruption, Business Interruption, Commercial Insurance Policies, Hospitality Industry, Hotels

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Elizabeth Dye

Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs

Considering the complex structure of commercial insurance programs—typically purchased in annual “towers” of insurance—risk managers and in-house counsel often do not pay sufficient attention to arbitration-related provisions,…more

Arbitration, Arbitration Agreements, Commercial Insurance Policies, Dispute Resolution, Insurance Claims

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Sidney Fowler

An Update on Recent PFAS Regulation and Enforcement and the Resulting Insurance Implications

In August, we provided an overview of the recent increase in regulatory and private litigation activity around per- and polyfluoroalkyl substances (PFAS), colloquially known as “forever chemicals,” and potential insurance…more

CERCLA, Drinking Water, Enforcement Actions, Environmental Litigation, Environmental Policies

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Laura Freid-Studlo

Federal Court Finally Issues an Opinion Analyzing LEG 3 (and It’s a Win for Policyholders)

The London Engineering Group’s LEG 3 exclusion—one of three standard form provisions issued by the London Engineering Group addressing coverage arising from construction or design defects—is an increasingly common defects…more

Design Defects, Federal Court Litigation, Insurance Industry, Rectification, Replacement Costs

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Peter Gillon

Parametric Insurance: The Future-Proof Solution for Enterprise Risk

In today’s fast-paced and increasingly unpredictable global environment, large enterprises face mounting risks—natural catastrophes, climate-related disruptions, supply chain breakdowns and emerging digital threats. Traditional…more

Business Interruption, Climate Change, Commercial Insurance Policies, Cyber Insurance, Energy Sector

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Eric Gold

Level Unlocked: Insurance Recovery Options for Video Game Manufacturers Facing Video Game Addiction Lawsuits

In the last few years, the video game industry has been hit with lawsuits accusing certain games of fostering addictive behaviors, especially among younger players. These lawsuits often cite features like loot boxes,…more

Bodily Injury, Breach of Duty, Commercial General Liability Policies, D&O Insurance, Errors and Omissions Policy

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Amanda Halter

Corporate Apologies: Balancing Crisis Management, Liability Defense and Insurance Recovery Considerations

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 bottom…more

Commercial General Liability Policies, Commercial Insurance Policies, Corporate Culture, Crisis Management, D&O Insurance

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Alexander Hardiman

Great Sargasso Seaweed Event May Lead to Covered Business Interruption and Loss of Use

As summer vacation rolls around and hotels, restaurants and other hospitality companies gear up for a busy tourist season, coastal businesses in the U.S. Southeast, Puerto Rico and the Caribbean may be welcoming an unexpected…more

Business Disruption, Business Interruption, Commercial Insurance Policies, Hospitality Industry, Hotels

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Philip He

Colorado Extends Notice-Prejudice Rule for First-Party Occurrence Policies

In a recent win for policyholders, the Supreme Court of Colorado handed down a pair of decisions that extended the notice-prejudice rule to first-party property policies. Colorado law now requires an insurer to demonstrate that…more

CO Supreme Court, Insurance Industry, Property Insurance

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Brendan Hogan

Winner-Winner: Preserving Your Chicken Dinner with JPI

Judgment Preservation Insurance (JPI), also sometimes referred to as Judgment Protection Insurance, has become both more requested and available in recent years. As more plaintiffs seek ways to protect court judgments, more…more

Appeals, Insurance Industry, Policy Terms, Reduction of Damages, Trials

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Joseph Jean

When Politics Disrupt the Flow: What Policyholders Need to Know About Supply Chain and Political Risk Coverage

In today’s volatile global economy, companies are learning the hard way that political shocks—whether through trade sanctions, military conflict or abrupt regulatory change—can wreak havoc on supply chains. And worse, many are…more

Corporate Counsel, Economic Sanctions, Geopolitical Risks, Insurance Claims, Insurance Litigation

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Julia Judish

How Trump’s DEI Rollback Affects Nonprofits and How to Protect Your Organization

Since taking office, President Trump has issued sweeping executive orders targeting Diversity, Equity, and Inclusion (DEI) initiatives across federal agencies and directing agencies to take action to encourage private…more

Affirmative Action, D&O Insurance, Diversity and Inclusion Standards (D&I), Employment Practices Liability Insurance (EPLI), Executive Orders

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Colin Kemp

The Ninth Circuit Wants Everyone to Stop Forgetting About the Appraisal Provision

Policyholders, don’t lose track of the appraisal provision in your insurance policies. At least that is what the panel in 50 Exch. Terrace LLC v. Mt. Vernon Specialty Ins. Co. seemed to be saying. There, the Ninth Circuit Court…more

Appeals, Appellate Courts, Appraisal, Breach of Contract, Contract Terms

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Jeff Kiburtz

Insurance Coverage Considerations for Tariff and Trade-Related Losses

Since President Trump took office on January 20, 2025, the administration has implemented significant changes to U.S. trade policy, including most notably with respect to tariffs. Within weeks of taking office, the White House…more

Commercial Insurance Policies, Construction Industry, Insurance Claims, International Trade, Risk Management

See all updates »

David Klein

The Beginning of the End of an Era? Competition to Delaware’s Supremacy as Corporate Domicile and Implications for D&O Insurance

Delaware has long been the leading jurisdiction in which companies incorporate. According to Delaware’s published statistics from 2023..…more

Business Judgment Rule, Corporate Governance, Corporate Taxes, D&O Insurance, Delaware

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Steven Knott

Red Sea Dangers: Increasing Insurance Premiums and Introducing Coverage Exclusions for Vessels Transiting the Red Sea

Yemeni-based Houthi forces have attacked more than two dozen vessels transiting the Red Sea since the October 7, 2023, start of the current Israel-Hamas conflict, leading to a surge in marine war insurance premiums. Houthi…more

Commercial Insurance Policies, Insurance Industry, Insurance Rates, Lloyds of London, Marine Insurance

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Jay Konkel

The Latest on PFAS: What Policyholders Need to Know Now

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 chemicals…more

Commercial General Liability Policies, Contamination, Environmental Litigation, Hazardous Substances, Insurance Claims

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Alex Lathrop

Insurers Seek to Avoid Coverage for BIPA Claims by Using Old Exclusions for New Purposes

When Illinois enacted the Biometric Information Privacy Act in 2008 (BIPA), the concept of “biometric privacy protection” was foreign to many observers. Yet less than 20 years later, consumers are familiar with the concept of…more

Biometric Information, Biometric Information Privacy Act, Class Action, Exclusions, Insurance Industry

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Marcus Leonard

The Latest on PFAS: What Policyholders Need to Know Now

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 chemicals…more

Commercial General Liability Policies, Contamination, Environmental Litigation, Hazardous Substances, Insurance Claims

See all updates »

Melissa Lesmes

Federal Court Finally Issues an Opinion Analyzing LEG 3 (and It’s a Win for Policyholders)

The London Engineering Group’s LEG 3 exclusion—one of three standard form provisions issued by the London Engineering Group addressing coverage arising from construction or design defects—is an increasingly common defects…more

Design Defects, Federal Court Litigation, Insurance Industry, Rectification, Replacement Costs

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William McMichael

Fifth Circuit Reminds Policyholders to Be “Not Less Than” Careful When Drafting Master Service Agreements

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

Commercial General Liability Policies, Excess Policies, Indemnity Agreements, Insurance Claims, Insurance Industry

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Jeffrey Metzler

Recent Court Decisions Reflect Possibility of Coverage for Losses Suffered by Colleges and Universities Due to COVID-19

Like many businesses, colleges and universities across the country have had to dramatically alter their operations in response to the coronavirus pandemic. Most students completed the spring 2020 semester through online…more

Business Interruption, Business Losses, Class Action, Colleges, Coronavirus/COVID-19

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Jeffrey Mikoni

Untying the Gordian Knot: The Second Circuit (Re)joins the Fray of Reverse Preemption of International Arbitration Provisions in Insurance Policies

The Second Circuit Court of Appeals has weighed in (again) on a still unsettled issue in the realm of insurance law: whether arbitration provisions in insurance policies issued by foreign insurers are enforceable notwithstanding…more

Appeals, Arbitration Agreements, Dispute Resolution, Federal Arbitration Act, Insurance Litigation

See all updates »

William Miller

Avoiding a Coverage Glitch: Closing Potential Gaps in Cyber Insurance Coverage

Over the past decade, technological innovations have quickly transformed how companies operate their IT infrastructure. Traditional on-site servers and hardware have often been replaced or supplemented by off-site solutions such…more

Bring Your Own Device (BYOD), Computer Servers, Cyber Insurance, Hardware, Information Technology

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Meaghan Murphy

When Politics Disrupt the Flow: What Policyholders Need to Know About Supply Chain and Political Risk Coverage

In today’s volatile global economy, companies are learning the hard way that political shocks—whether through trade sanctions, military conflict or abrupt regulatory change—can wreak havoc on supply chains. And worse, many are…more

Corporate Counsel, Economic Sanctions, Geopolitical Risks, Insurance Claims, Insurance Litigation

See all updates »

Ashleigh Myers

Corporate Apologies: Balancing Crisis Management, Liability Defense and Insurance Recovery Considerations

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 bottom…more

Commercial General Liability Policies, Commercial Insurance Policies, Corporate Culture, Crisis Management, D&O Insurance

See all updates »

Mark Plumer

Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs

Considering the complex structure of commercial insurance programs—typically purchased in annual “towers” of insurance—risk managers and in-house counsel often do not pay sufficient attention to arbitration-related provisions,…more

Arbitration, Arbitration Agreements, Commercial Insurance Policies, Dispute Resolution, Insurance Claims

See all updates »

Lauren Smith

Contra Proferentem: Can Insureds Be Forced to Waive Its Protection?

Contra proferentem is a foundational legal principle with particular importance in insurance law. It mandates that any ambiguities in an insurance policy are construed against the insurer and in favor of the insured. The…more

Denial of Insurance Coverage, Insurance Industry, Insureds, Jurisdiction, Underwriting

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Janine Stanisz

Taking the Market’s Temperature on Coverage for Climate Change-Related Property Damage

Temperatures in Arizona this week reached over 110 degrees Fahrenheit. The water temperature in the Florida Keys was reported to reach sauna-like levels, threatening the life of habitat-sustaining coral. Atmospheric conditions…more

Business Interruption, Climate Change, Insurance Claims, Insurance Industry, Property Damage

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Matthew Stockwell

Faulty Workmanship May Still Be Covered in Pennsylvania

If you were to look for a quick answer regarding whether a commercial general liability (CGL) policy covers damage resulting from faulty workmanship under Pennsylvania law, you’d likely come out believing the answer is “no.”..…more

Commercial General Liability Policies, Faulty Workmanship, Insurance Industry, Liability Insurance, PA Supreme Court

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Benjamin Tievsky

Under the Right Circumstances: Some Considerations for Submitting a Notice of Circumstances

An oft-repeated maxim in self-help literature is: “Do not let your circumstances define who you are.” In a similar vein, policyholders should proactively manage situations in which known circumstances may potentially give rise…more

D&O Insurance, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions

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Robert Wallan

Permit? So What! — Illinois Supreme Court Poised to Test the Limits of Pollution Exclusions

The Illinois Supreme Court has teed up a significant insurance question: Does a standard pollution exclusion bar coverage when the alleged “pollution” was not considered to be pollution when the policy issued—where the substance…more

Environmental Litigation, IL Supreme Court, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

Alexis Wansac

Level Unlocked: Insurance Recovery Options for Video Game Manufacturers Facing Video Game Addiction Lawsuits

In the last few years, the video game industry has been hit with lawsuits accusing certain games of fostering addictive behaviors, especially among younger players. These lawsuits often cite features like loot boxes,…more

Bodily Injury, Breach of Duty, Commercial General Liability Policies, D&O Insurance, Errors and Omissions Policy

See all updates »

Reza Zarghamee

The Latest on PFAS: What Policyholders Need to Know Now

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 chemicals…more

Commercial General Liability Policies, Contamination, Environmental Litigation, Hazardous Substances, Insurance Claims

See all updates »

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