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…
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/ Environmental Law, Insurance, Toxic Torts
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…
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/ Construction Law, Insurance, International Law & Trade
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…
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/ Civil Rights, Government Contracting, Insurance, Nonprofit Law
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…
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/ Civil Procedure, Commercial Law & Contracts, Insurance
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,…
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/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Insurance
As of January 13, Southern California’s ongoing wildfires have reportedly destroyed more than 12,000 structures. Insured loss estimates exceed $25 billion, and the strong Santa Ana winds fanning the blazes are expected to…
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/ Business Organizations, Commercial Law & Contracts, Insurance, Real Estate - Residential
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…
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/ Civil Procedure, Commercial Law & Contracts, Insurance
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…
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/ Business Organizations, Insurance, Science, Computers, & Technology
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…
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/ Commercial Law & Contracts, Energy & Utilities, Insurance
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,…
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/ Business Organizations, Insurance, Personal Injury, Products Liability, Science, Computers, & Technology
In the aftermath of two powerful hurricanes the process of assessing the damage and rebuilding begins. Businesses suffered billions of dollars in losses during hurricanes Helene and Milton, both in physical property damage and…
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/ Commercial Law & Contracts, Insurance
The below checklist includes essential considerations and steps to take for property owners and businesses that stand to be affected by hurricanes…
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/ Business Organizations, Commercial Law & Contracts, Insurance
Hurricane Helene struck Florida’s Big Bend region as a category 4 hurricane on September 25, 2024, and continued to move northeast. The storm caused widespread power outages and catastrophic damage across Florida, the Carolinas,…
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/ Business Organizations, Insurance, Real Estate - Residential, Real Estate - Commercial
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…
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/ Business Torts, Civil Procedure, Insurance
In what was likely a shock to coal-fired electric utilities, the U.S. Court of Appeals for the District of Columbia Circuit held on June 28, 2024, that proposed decisions by the U.S. Environmental Protection Agency in January…
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/ Civil Procedure, Environmental Law, Insurance, Zoning, Planning & Land Use
