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EPA Finalizes Rule Designating PFAS Substances as Hazardous Constituents Under CERCLA

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

Recent Illinois Supreme Court Decision on Construction Defect Claim Is a Perfect Holiday Gift for Policyholders

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

Say What You Mean: Delaware Court Finds Bump-Up Exclusion Ambiguous as Applied to Mergers Versus Acquisitions

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’s Impact on Insurance Coverage: An Interview with ChatGPT-4 and Coverage Counsel on What Policyholders Should Be...

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

EPA Proposes Stringent Regulation of PFAS In Drinking Water

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: Insurance Implications

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

Hurricane Ida & Tropical Storm Nicholas: Insurance Implications

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

Texas Winter Storms: Evaluating Business Interruption Claims Following a Large-Scale Disaster

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

Preparing Your Personal and Business Insurance Claims

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

Hurricane Laura: Insurance Implications

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

Insuring a Newly Remote Workforce Post-COVID-19: Coverage Considerations Under Cyber and Other Commercial Insurance Policies

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

Insurance Coverage Claims for Theft, Vandalism and Curfews

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

A Primer on Bringing First-Party Insurance Claims

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

Insurance Implications of Transitioning to a Remote Workforce

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

Many Commercial Property Insurance Policies Provide Coverage for COVID-19 Exposures

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

COVID-19: Understanding Business Interruption Insurance and Wide-Impact Catastrophes

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

International Pressure Raises Cybersecurity Threats

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

Delaware Court Adopts Pillsbury’s Theories on Novel D&O Insurance Issues (Part 2)

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

Hurricane Barry: Prepare Now to Maximize Insurance Recoveries

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

Texas Supreme Court Requires Insurers to Pay Anadarko Full Deepwater Horizon Defense Costs Under CGL “Joint Venture Provision”

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

Unjust Enrichment – How Property Insurers Use It to Deny Covered Losses

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

Hurricane Florence: Is Your Company Prepared for a Disaster?

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

Perspectives on Insurance Recovery - Summer 2018

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

Hurricane Harvey: Insurance Implications [Updated]

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

What a New Texas Insurance Law Means, and Doesn’t Mean, for Harvey’s Victims

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

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