On April 19, 2024, the Environmental Protection Agency (EPA) finalized its long-awaited rule designating two PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances”...more
4/24/2024
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
PFAS ,
Reporting Requirements ,
Superfund ,
Toxic Chemicals
The Illinois Supreme Court handed down a big win for policyholders just in time for the holidays. In Acuity v. M/I Homes of Chicago, LLC, the court joined the mainstream of jurisdictions and reversed years-old precedent that...more
12/22/2023
/ Commercial Insurance Policies ,
Construction Defects ,
Construction Project ,
Declaratory Judgments ,
Homeowners Association (HOA) ,
IL Supreme Court ,
Illinois ,
Jurisdiction ,
Liability Insurance ,
Property Damage ,
Scope of Work ,
Subcontractors
Long a feature of directors’ and officers’ (D&O) liability insurance policies, the so-called “Bump-Up” Exclusion has gotten significant attention over the last few years. Because of the recent escalation in securities...more
Generative AI is transforming our economy in previously unimagined ways, with Goldman Sachs estimating a $7 trillion (7%) increase in global GDP by virtue of this ecosystem. Insurance is but one sector that will be impacted,...more
As expected, as part of the implementation of its 2021 PFAS Strategic Roadmap, the United States Environmental Protection Agency (EPA) has proposed a new rule to establish Safe Drinking Water Act Maximum Contaminant Levels...more
Hurricane Ian struck Florida on September 28. By late afternoon, it was a Category 5 storm with top winds of 155 miles per hour, producing huge storm surges along a wide area of the state’s southwestern coast. Damage is...more
9/30/2022
/ Business Interruption ,
Commercial Insurance Policies ,
Documentation ,
FEMA ,
Hurricane Season ,
Infrastructure ,
Insurance Claims ,
Insurance Industry ,
Loss Mitigation ,
Natural Disasters ,
Property Damage ,
Property Insurance ,
Reimbursements ,
Severe Weather
Category 4 Hurricane Ida cut a destructive swath from Louisiana to New York, and Tropical Storm Nicholas bears down on the Gulf Coast. Those in the affected area should prepare for insurance recovery.
Category 4 hurricane...more
Responding to the Texas Winter Storm Crisis: Issue 2—Winter storms and wide-area events like the one that recently devastated Texas leave behind challenging questions about business interruption insurance...more
Responding to the Texas Winter Storm Crisis: Issue 1 -
The world is witnessing yet another dramatic weather event, this time in the southern states, especially Texas. The severe winter conditions in Texas have caused...more
2/23/2021
/ Business Interruption ,
Commercial Insurance Policies ,
FEMA ,
Insurance Claims ,
Natural Gas ,
Power Grid ,
Presidentially-Declared Major Disaster Area (PDMDA) ,
Proof of Loss ,
SBA ,
Severe Weather ,
Texas
Category 4 Hurricane Laura strikes Louisiana coast, causing significant damage. Those in the affected area should prepare for insurance recovery.
Historical Category 4 hurricane with sustained top wind speeds of 150 mph...more
Longer-term remote work impacts companies’ risk exposures and coverage under many insurance programs.
Policy terms may no longer align with the “facts on the ground” of remote operations, which could lead to coverage gaps...more
Many U.S. businesses face income losses from theft, vandalism and resulting curfew orders, which have affected numerous cities in recent days.
Commercial property insurance policies may provide coverage for these losses,...more
The profound impact of COVID-19 leading businesses to file first-party insurance claims is now well known. Further, insurance companies are systematically pushing back on potential coverage for COVID-19, with some issuing...more
A couple months into the widespread shift to remote work for many employees on a temporary basis, an increasing number of companies are considering or already implementing a permanent shift to remote work for most or all of...more
The insurance industry’s generic arguments that there is no coverage for the COVID-19 pandemic should not be accepted at face value, as coverage may be available depending on specific policy terms and individualized...more
Policyholders can expect insurers to put forth strong objections to many of their claims in an effort to reduce the liability exposure.
Policy language matters and can impact how a court will interpret and construe coverage....more
Practical steps to address cybersecurity threats—what you should do when heightened tension in the Middle East or other events increase the threat of cybersecurity incidents.
- When news events or business initiatives turn...more
1/24/2020
/ Best Practices ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Hackers ,
Information Technology ,
Policies and Procedures ,
Popular ,
Risk Mitigation ,
SHIELD Act
Previously, we reported an important ruling of first impression by the Delaware Superior Court that a shareholder appraisal action against Pillsbury’s client Solera Holdings Inc. was a “Securities Claim” under Solera’s...more
8/30/2019
/ Appraisal ,
Appraisal Rights ,
Board of Directors ,
Burden of Proof ,
Consent ,
Contract Terms ,
Covered Claims ,
D&O Insurance ,
Deal Price ,
Defense Strategies ,
Denial of Insurance Coverage ,
Fair Valuation ,
Interest Accrual ,
Interest Payments ,
Loss Coverage ,
Mergers ,
Motion for Summary Judgment ,
Notice Requirements ,
Policy Terms ,
Prejudice ,
Remedies ,
Securities Litigation ,
Shareholder Rights ,
State Securities Claims
Affected businesses and other organizations should take immediate and proactive steps to maximize insurance recovery.
Gather insurance policies, as well as binders, and save them electronically or take them to an...more
The Supreme Court of Texas delivered good news to policyholders insured under a “Joint Venture Provision” endorsement commonly used in the oil and gas industry. In Anadarko Petroleum Corp. v. Houston Casualty Co.—a case...more
Imagine your organization has suffered significant property damage and interruption to your business as a result. The cause could be anything—a natural disaster, severe mechanical breakdown or a cyberattack. You notify your...more
The Property and Business Interruption Insurance Checklist -
An unexpected or catastrophic loss can force any company out of business, even if it is insured. You must understand your company’s risks and how your insurance...more
Expanding the Boundaries of Coverage in the Face of Evolving Risks -
Advances in technology, social change, new regulations—developments like these challenge companies’ risk-mitigation efforts and insurance programs. As the...more
9/6/2018
/ #MeToo ,
Arbitration ,
Artificial Intelligence ,
Construction Industry ,
Cyber Insurance ,
Cybersecurity ,
Data Protection ,
Employer Liability Issues ,
EU ,
General Data Protection Regulation (GDPR) ,
Insurance Industry ,
Policy Terms ,
Popular ,
Property Damage ,
Sexual Harassment ,
Transportation Industry
Hurricane Harvey and its associated rainfall have simply devastated much of southeastern Texas. Many areas were left inaccessible, or without water or power services. Evacuation and curfew orders limited travel and...more
9/1/2017
/ Business Interruption ,
Commercial General Liability Policies ,
FEMA ,
Flood Insurance ,
Hurricane Harvey ,
Insurance Claims ,
Loss Mitigation ,
Natural Disasters ,
Notice Requirements ,
Proof of Loss ,
Property Damage ,
Property Insurance ,
Severe Weather
As Hurricane Harvey continues to wreak historic damage in Texas, recent updates to a state law dealing with the responsibilities of insurers are scheduled, by sheer coincidence, to take effect this Friday, September 1, 2017....more
8/31/2017
/ Attorney's Fees ,
Business Interruption ,
Claim Procedures ,
Commercial General Liability Policies ,
Denial of Insurance Coverage ,
Hurricane Harvey ,
Insurance Agents ,
Insurance Code ,
Interest Rate Adjustments ,
New Legislation ,
Penalties ,
Property Damage ,
Written Notice