IBM recently filed a declaratory judgment action against multiple insurers seeking coverage for environmental remediation costs. The complaint contains lessons for policyholders facing long-tail environmental exposure claims....more
5/6/2025
/ Commercial General Liability Policies ,
Contamination ,
Corporate Counsel ,
Environmental Litigation ,
Excess Policies ,
Hazardous Substances ,
Insurance Claims ,
Insurance Litigation ,
Policy Exclusions ,
Pollution Exclusion ,
Remediation
This article will discuss policyholder concerns after a California federal court recently found that some PFAS claims in an MDL were excluded under a pollution exclusion, but others were not. The case is Nat'l Foam, Inc. v....more
The insureds were sued for alleged environmental contamination from the operation of a marine terminal and chemical storage facility. The claimants alleged that hazardous materials leaked from storage tanks over a fifty-year...more
In Conesys, Inc., et al. v. Palomar Excess and Surplus Ins. Co. a policyholder filed a lawsuit alleging breach of contract and bad faith, among others, based on an insurer's application of an “Extortion Threat Sublimit...more
In Citizens Ins. Co. of Am., et al. v. Augusta Chiller Service, Inc., et al., the Southern District of Georgia granted insurers' motions for summary judgment in part on their duty to defend under a primary and excess policy...more
An insured who purchased insurance specifically for privacy injury liability was recently forced to sue its insurer after it denied coverage. The insured allegedly “installed web beacons and cookies on its platforms so that...more
3/20/2025
/ Class Action ,
Cookies ,
Data Breach ,
Data Privacy ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Insurance Claims ,
Insurance Litigation ,
Personal Information ,
PHI ,
Policy Terms ,
Privacy Laws