News & Analysis as of

Commercial Insurance Policies

Clark Hill PLC

UK High Court ruling underscores cost of broker negligence and clarifies effects of “other insurance” clauses in overlapping...

Clark Hill PLC on

A recent ruling from the High Court of Justice (a trial level court) in London, highlights the serious consequences of professional negligence in insurance broking and clarifies how “other insurance” clauses interact with one...more

Troutman Pepper Locke

2025 Excess and Surplus Lines Law Manual

Troutman Pepper Locke on

We are happy to provide the 2025 update to the Troutman Pepper Locke LLP Excess and Surplus Lines Law Manual. This edition reflects all of the pertinent changes in the surplus lines laws and regulations of the 50 states and...more

Stoel Rives - Notice of Appeal

Oregon Supreme Court Clarifies Contribution Rights under the Oregon Environmental Cleanup Assistant Act

Last week, the Oregon Supreme Court issued an important decision interpreting the Oregon Environmental Cleanup Assistance Act (OECAA), clarifying the boundaries of insurer contribution rights and the scope of the statute’s...more

Kennedys

[Webinar] Business income claims & the LA wildfires - May 1st, 11:00 am - 12:00 pm EST

Kennedys on

Kennedys partners Jared Greisman, Aaron Konstam, Louis Kozloff and Colin Willmott will be presenting a webinar on understanding business income claims on May 1, 2025. The webinar will survey key contours of business income...more

Pillsbury - Policyholder Pulse blog

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...more

BCLP

Shifting Contractual Risks and Managing Electronic Contracts

BCLP on

In this Insight, Shy Jackson takes a look at the decision of John Sisk and Son Limited v Capital & Centric (Rose) Limited [2025] EWHC 594 (TCC) where the court had to grapple with interpreting a contract which was kept on a...more

Bricker Graydon LLP

The Impact of Tariffs on the Insurance Industry

Bricker Graydon LLP on

At its core, insurance is an exercise of predictions. These predictions are supported by extraordinary amounts of data and complex algorithmic accounting, but much of the exercise for insurance carriers is trying to predict...more

Maynard Nexsen

“Other Insurance” Issues with Additional Insureds and Indemnity

Maynard Nexsen on

Excess insurance policies are generally written to be just that; they—through their “other insurance” provisions—purport apply in excess of other insurance available to the insured. In many jurisdictions, courts will commonly...more

Maynard Nexsen

Decisions Expand Scope of Business Owners’ Policy Exclusion

Maynard Nexsen on

In the age where cling wrap doesn’t cling and “shrinkflation” is a necessary portmanteau, it’s rare to get more. This is especially true for insurers, whose policies are construed against them when ambiguous, and...more

Carlton Fields

New York Federal Court Enforces Exclusion Barring Coverage for Claims Based on Any Misrepresentation, Regardless of Perceived...

Carlton Fields on

When state law provides that an insurance contract can be rescinded for misrepresentations only if they are “material,” can an insurer contract around that rule by adding an exclusion for all claims based on any...more

Rivkin Radler LLP

March 2025 New York Insurance Coverage Law Update

Rivkin Radler LLP on

The owners of a warehouse leased it to a commercial tenant to operate a photography studio. The lease required the tenant to procure insurance for the owners and to indemnify them for the negligent acts of the tenant’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York State Senate Bill S1514 Raises Specter of Stop-Work Orders for Employee Misclassification

On March 4, 2025, the New York State Senate passed S1514, which would empower the commissioner of labor to issue stop-work orders against employers that misclassify employees as independent contractors or provide false,...more

Marshall Dennehey

Fourth District Court of Appeal Rules Policy Endorsement Prevails Over Main Policy in Case of Conflict

Marshall Dennehey on

Colony Insurance Company v. Titan Restoration Construction, Inc., Fla. 4th DCA, No. 4D2023-2908, January 8, 2025 - Colony Insurance Company’s insurance policy with the general contracting company, Titan Restoration...more

Woodruff Sawyer

Q4 2024 Commercial Insurance Update: A Buyer’s Market Except For Casualty

Woodruff Sawyer on

The commercial insurance market remains a buyers’ market across all sectors except for casualty. Within the casualty market, workers' compensation stands out as the only bright spot, with rates continuing to decline. In...more

Pillsbury - Policyholder Pulse blog

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...more

Rivkin Radler LLP

February 2025 New York Insurance Coverage Law Update

Rivkin Radler LLP on

The insured is a Texas-based hotel operator. A windstorm damaged one of its hotels in Texas and three months later the insured reported the loss to Mt. Hawley Insurance Company, its commercial property insurer. The policy...more

Carlton Fields

Square Peg, Round Hole: 6th Circuit Affirms Finding That Cyber Claims Are Not Covered by CGL Policies

Carlton Fields on

In Home Depot Inc. v. Steadfast Insurance Co., Home Depot learned the hard way a rule every DIY enthusiast knows: measure twice, cut once. It appears Home Depot’s measurements were off when it sized up its insurance needs,...more

Rivkin Radler LLP

February 2025 Insurance Update

Rivkin Radler LLP on

The 2014 Home Depot data breach was one of the more notorious cyberattacks. A decade later, litigation over that incident continues. The Sixth Circuit recently decided whether an electronic data exclusion cleared insurers...more

Zelle  LLP

The Aftermath of Covid-19 – New York’s Expansion of Business Interruption Coverage

Zelle LLP on

It is without question that Covid-19 affected the insurance industry worldwide resulting in substantial litigation commenced by insureds to recoup losses linked to government mandated shutdowns for nonessential businesses....more

Troutman Pepper Locke

Delaware Insurance Commissioner Navarro Issues Bulletin No. 148 Re: Use of Artificial Intelligence Systems in Insurance

Troutman Pepper Locke on

On February 5, Delaware joined 21 jurisdictions who adopted guidance similar to the NAIC Model Bulletin on the Use of Artificial Intelligence (AI) Systems by Insurers in 2024, and four additional jurisdictions have otherwise...more

Woodruff Sawyer

​​Commercial Auto Liability Insurance: Ensuring Coverage in a Hard Market​

Woodruff Sawyer on

The auto insurance industry faces significant hurdles. As businesses grapple with rising costs and evolving risks, two key factors are reshaping the claims environment: social inflation and third-party litigation financing....more

Bradley Arant Boult Cummings LLP

North Carolina Supreme Court: Government-ordered business closures during COVID-19 lockdowns constitute 'direct physical loss'...

Steven Hix and G. Benjamin Milam of Bradley discuss a pair of recent North Carolina Supreme Court rulings on coverage for pandemic-related losses, one of which gave policyholders a rare win. On December 13, the North...more

Goodwin

What to Do When Faced With a Potential Claim Under Your D&O Insurance Policy

Goodwin on

Making a claim under your directors and officers (D&O) insurance policy should be straightforward, right? Not quite. We suggest you consider the following approaches to help you navigate the claim process and maximize the...more

Stoel Rives LLP

The Evolving Landscape of Bad-Faith Law in Oregon: A Year After Moody v. Oregon Community Credit Union

Stoel Rives LLP on

In a landmark decision in 2023, the Oregon Supreme Court in Moody v. Oregon Community Credit Union, 371 Or. 772, 542 P.3d 24 (2023), reshaped the contours of bad-faith insurance litigation in Oregon. This ruling has since...more

Kennedys

The Supreme Court’s February 2024 decision clarifies the choice-of-law provisions in marine insurance contracts

Kennedys on

In a unanimous 9-0 decision delivered on February 21, 2024, the US Supreme Court in Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC (“Great Lakes”) reinforced the enforceability of choice-of-law clauses in marine...more

918 Results
 / 
View per page
Page: of 37

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide