Insurance Energy & Utilities

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Shocking? – Insurers Consider Potential Aggregate Risks from a Power Grid Attack

In the fast-developing cyber insurance marketplace, insurers have closely considered the possible risks and have analyzed the potential aggregation of such risks. While not the only topics of interest to insurers, these two...more

Claims for Defective Solar Panels Are Covered by CGL Insurance

Several solar panel manufacturers and their distributors have been sued in class actions alleging the panels are defective and need to be replaced. As will be explained below, these kinds of claims are covered by general...more

Spotlight on Louisiana: 2015 Legislative Session Increases Tax Burdens to Balance State Budget

Even though Louisiana's 2015 legislative session has concluded, the dust may be far from settled as to how increases in tax burdens meant to balance the State's budget will impact taxpayers. At least one industry trade...more

Nevada’s 78th Legislative Session Closes with Important Reforms for Business

On June 1, 2015, Nevada’s 78th Legislative Session came to a final close with critical reforms for Nevada’s businesses. Brownstein Hyatt Farber Schreck’s Nevada Government Affairs team, Josh Hicks, Alisa Nave-Worth, Kandis...more

North Carolina General Assembly Week in Review

House and Senate members passed a continuing resolution (CR) this week that will fund state government on a temporary basis until August 14, staving off a June 30 budget deadline which marked the end of the fiscal year. The...more

Oklahoma Holds Question of Whether Fracking Causes Earthquakes is for the Courts to Decide.

The issue of whether hydraulic fracturing or “fracking” causes earthquakes has first-party insurance implications because policies typically exclude damage from tremors attributable to man-made causes as opposed to purely...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Legislature Plans Long Day - Early this past Wednesday morning, the Maine House and Senate...more

Recent Maritime Cases Illustrate the Different Legal Risks Involved with Conducting Offshore Oil and Gas Operations

In May 2015 a U.S. District Court and U.S. Court of Appeals each issued opinions that address important legal issues concerning risk management in the offshore energy industry. In Marquette Transportation Co. Gulf-Inland, LLC...more

Transocean/BP Settlement Ends Texas Law Insurance Dispute: What Are the Possible Future Implications?

A lesser known but interesting legal issue regarding the 2010 BP oil spill was whether an operator (BP) could recover insurance proceeds as an additional insured under its driller's (Transocean) insurance policies for...more

Pennsylvania Joins Oklahoma, Bans Homeowners Insurers From Attributing Earthquakes to Fracking

Last month we reported that the Oklahoma Insurance Commissioner had issued a bulletin cautioning earthquake insurers against denying claims on the basis that the quake was attributable to a man-made cause, which is to say oil...more

Beyond the Policy: Are Title Insurers Liable for Negligence?

When Longview Power built a coal-fired power plant costing well over a billion dollars, its lender obtained $825 million in title insurance coverage from First American, and First American signed Reinsurance Agreements with...more

NC Legislative Update for May 2015

This Week - “Crossover” - the date by which a bill must pass out of the chamber in which it originated to remain eligible for the 2015-16 session - expired on Thursday. Throughout the week, lawmakers cumulatively...more

Kaisa and Others Hope for a Miracle but Learn that Magic Does Not Exist

Kaisa Developments - The recent financial crisis of Kaisa Group Holdings Ltd. (“Kaisa”), a large-scale Chinese property developer listed on the Hong Kong Stock Exchange (“SEHK”), continues to be in the headlines. The...more

Energy Newsletter - April 2015

In This Issue: - Global Solar Energy – A Bright Future - Shared (Common) Facilities in LNG Projects - Hydropower Concessions – Long Awaited Reform - FERC's Order No. 807 Addresses Open Access And...more

The Perilous 'Superperil' Ruling In NJ Storm Surge Case

The Superior Court of New Jersey, Essex County's ruling in Public Service Enterprise Group Inc. v. Ace American Insurance Co. on March 23 follows a line of thought advanced by many policyholder lawyers that included a...more

Oklahoma Insurance Commissioner: Don’t Deny Earthquake Claims as Man-Made by Linking Them to Fracking

The jury is still out on whether hydraulic fracturing or “fracking” causes earthquakes, but carriers whose policies afford coverage for quakes have recently been denying such claims, asserting that they are excluded because...more

USGS’s Increase of Texas’s Earthquake Risk Level: Commercial Real Estate and Insurance Implications

Before 2008, the greater Dallas Fort Worth area, known as the Fort Worth Basin, was almost entirely void of seismic activity. Between 1950 and 2008, the only seismic activity on record was an insignificant event that experts...more

Energy Newsletter - March 2015

In This Issue: - Opportunities in Distressed Markets: Insights into the Acquisition and Divestiture Process - A Project Owner's Primer On Delay In Start-Up Insurance - UKCS: Maximising Economic Recovery...more

Texas Supreme Court Revisits Additional Insured Coverage for Deepwater Horizon Disaster

In In Re Deepwater Horizon, No. 13–0670 (February 13, 2015), the Texas Supreme Court had occasion to consider the extent to which the scope of additional insured coverage is limited by the terms of a contract between the...more

A Project Owner's Primer On Delay In Start-Up Insurance

Project owners and financiers are increasingly turning to delay in startup insurance to protect themselves from the financial consequences of delays in completion of large new construction projects, particularly for projects...more

Insurance is Big in Texas: In Deepwater Horizon Case, Texas Stretches a Policy’s Four Corners to Include Other Contracts

Last month, in In re Deepwater Horizon, Relator, the Supreme Court of Texas applied a fundamental principle of insurance law to a case with enormous financial implications. The owner of the Deepwater Horizon drilling rig had...more

South Carolina Legislative Update

Due to last week’s extreme weather, the South Carolina General Assembly met only on Tuesday and Wednesday. The Senate gave second reading to the criminal domestic violence bill and the House passed legislation regarding...more

A Novel Cause of Action Coming Down the Track and Other Railway Legislation Changes

Late last month, the federal government introduced Bill C-52, which, if enacted, will amend both the Canada Transportation Act (CTA) and the Railway Safety Act (RSA). The federal government also proposed new Railway Safety...more

Texas Supreme Court Incorporates Limitations From An “Insured Contract” Into GL Policy

In In re Deepwater Horizon, Cause No. 13-0670, Slip Op., Feb. 13, 2015, the Texas Supreme Court held that an allocation of liability found in an “insured contract” would determine the coverage provided to an additional...more

Fracking: Yes! There’s Insurance Coverage for That!

Some people believe that “fracking” – the use of horizontal drilling and hydraulic fracturing technology – is a miracle, increasing the extraction of oil and gas from places deep under the ground where hydrocarbons were...more

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