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Commercial General Liability Policies Asbestos Litigation

White and Williams LLP

Maryland's Top Court Adopts Majority Pro Rata Allocation Rule in "Long Tail" Case

On April 3, 2020, the Maryland Court of Appeals, in a closely-watched case, unanimously rejected the application of an “all sums” allocation and held that damages for continuous bodily injury must be allocated pro rata, by...more

McCarter & English, LLP

Coal Plant Shutdowns: Operators Should Implement Their Document Retention Policies And Protect Against Future Asbestos Claims

As far as contamination concerns go, asbestos-containing materials (ACM) are generally way down the list of issues at a shutdown coal plant. You hire certified contractors, bag the ACM and dispose of it in approved landfills....more

K&L Gates LLP

Better Late Than Never: The California Supreme Court Reverses Itself, Holding That Corporate Policyholders May Assign Insurance...

K&L Gates LLP on

Asset purchase and sale transactions are a preferred structure for many corporate deals. For a variety of reasons, it may be prudent for businesses or product lines to be transferred through these transactions, and an asset...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - August 2015 #2

Good News for Corporate Policyholders: Insurer Cannot Refuse Coverage Based on Insured's Assignment of Rights Under Policies After Loss Has Occurred - Why it matters: Reversing its holding in a 2003 case, the Supreme...more

Carlton Fields

California Declares New Rules for Assignment of Long Tail Claims

Carlton Fields on

Last week, in a unanimous decision, the Supreme Court of California changed the law governing anti-assignment provisions in liability insurance policies. Twelve years ago, in Henkel Corp. v. Hartford Accident & Indemnity...more

K&L Gates LLP

“Continuous” Trigger is Alive and Well in Pennsylvania

K&L Gates LLP on

In recent years, insurers have attempted to avoid their coverage obligations for their policyholders’ asbestos personal injury claims by challenging longstanding trigger of coverage rulings from the 1980s and 1990s. Although...more

McNees Wallace & Nurick LLC

Is That Covered? Lost Insurance Policy

Many liability policies are triggered when an event giving rise to a covered claim occurs, rather than when the claim is asserted or filed with the court. This is often true of the most common type of liability coverage -...more

Orrick, Herrington & Sutcliffe LLP

Policyholder Insider Quarterly

Makers and Users of Smart Devices Beware: You May Have a Critical and Costly Gap in Your Insurance Coverage - The drumbeat of high-profile data breaches has led to rapid growth in the number of companies purchasing or...more

Orrick, Herrington & Sutcliffe LLP

Policyholder Observer

Encryption Flaw "Heartbleed" Creates Data Risk: How Insurance Can Stanch the Bleeding - In early April, news broke of an encryption flaw named “Heartbleed” that exposed companies to data breaches for over two and one...more

K&L Gates LLP

West Virginia Court Resolves Issues Of First Impression On Insurance Coverage For Delayed Manifestation Claims

K&L Gates LLP on

I. Introduction - The last few decades of tort litigation in America have been marked primarily by a surge in filings of asbestos, silica and other delayed manifestation bodily injury and property damage claims. These...more

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