Two recently filed lawsuits, Aloha Petroleum Ltd. v. National Union Fire Insurance Co. and Everest Premier Insurance Co. v. Gulf Oil Ltd. Partnership, signal the beginning of litigation over liability insurance coverage for...more
After years of litigation over the proper venue for climate change lawsuits, several federal courts of appeal have recently sent those cases to state courts across the nation, where they are now set to move forward. This...more
4/27/2022
/ Appellate Courts ,
Carbon Emissions ,
Climate Change ,
Energy Sector ,
Federal Jurisdiction ,
Greenhouse Gas Emissions ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Oil & Gas ,
State and Local Government ,
State Courts ,
Venue
Wildfires in California are, unfortunately, burning as frequently and as ferociously as ever. Exemplified by the 2017, 2018, and 2020 wildfire seasons, the number of wildfires in the last 5 years stands at a staggering 85,028...more
11/1/2021
/ Contract Drafting ,
Insurance Claims ,
Insurance Industry ,
Policy Exclusions ,
Popular ,
Property Damage ,
Property Insurance ,
Property Owners ,
Proximate Cause ,
Strict Liability ,
Underwriting ,
Wildfires
A recent judgment from a court of appeal in Spain shows that the outcome of coverage disputes over COVID-19 business interruption losses in civil law jurisdictions may be different from what would be expected in a common law...more
3/3/2021
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Jurisdiction ,
Policy Exclusions ,
Policy Terms
In January, the US Supreme Court will hear arguments in one of the lawsuits filed against oil and gas companies for their alleged contribution to climate change. The Court’s ruling will likely have a significant impact on how...more
This is the fifth of six articles addressing climate change lawsuits in the context of (re)insurance.
In previous articles in this series, we have discussed the litigation risks faced by liability insurers as a result of...more
This is the third of five articles addressing climate change lawsuits in the context of (re)insurance.
Following on from our previous article which highlighted the developing and varying body of climate change cases...more
This is the first of five articles that address climate change lawsuits in the context of (re)insurance. This article reviews the recent U.S. and foreign climate change lawsuits and offers suggestions to liability...more
2017 saw approximately USD 330 billion in losses from natural disasters worldwide, of which around USD 135 billion were insured, according to a Munich Re report. It was the second costliest year on record, only surpassed by...more
While Puerto Rico was spared a direct hit from Hurricane Irma, it now appears it will face the full brunt of Hurricane Maria. Maria is projected to strike Puerto Rico as a Category 4 Hurricane. Many of the same concurrent...more
While Puerto Rico was spared a direct hit from Hurricane Irma, it was lashed by Irma’s wind and experienced significant amounts of rain that will likely lead to flooding. There may also be damages arising from storm surge...more
Earlier this year, a London insurance market industry group published London Market looks ahead: Preparing for the next big insurance event, a White Paper describing a stress test of the market when faced with a...more
According to initial reports, Hurricane Patricia didn't end up causing nearly the damage that the world’s most powerful hurricane could have caused. It is a good reminder, however, for reinsurers of how sudden and...more
We previously discussed in a June 10, 2015, guest article the basics of insurance underwriting and claim handling in China. In this article, we give an overview of the legal framework and relevant key issues in insurance...more
7/15/2015
/ Application of Foreign Laws ,
Arbitration ,
Arbitration Awards ,
China ,
CIETAC ,
Discovery ,
Dispute Resolution Clauses ,
Insurance Contracts ,
Insurance Litigation ,
Limitation Periods ,
Mediation ,
Remedies
China is one of the largest and fastest-growing insurance markets in the world. It provides the global insurance and reinsurance industry with tremendous opportunities but also presents challenges with its unique legal and...more
6/14/2015
/ Cancellation Rights ,
China ,
CIRC ,
Claim Procedures ,
Global Market ,
Good Faith ,
Insurance Contracts ,
Insurance Industry ,
Popular ,
Reinsurance ,
Reservation of Rights ,
Underwriting
Some terms frequently found in (re)insurance contracts and statutes have different meanings in common law, English-speaking jurisdictions than they do in civil law, Spanish-speaking countries. It is critical for (re)insurers...more
In large, complex coverage disputes, it is common for international insurers and reinsurers based in a common law jurisdiction to get involved in the adjustment and dispute resolution of claims subject to the laws of civil...more
Brazil, the largest South American economy, has been an important market for international insurers and reinsurers for many years. At the same time, Brazil presents major property risks for underwriters. Companies covering...more
Latin America presents excellent opportunities for the global (re)insurance industry. But, there are a number of important considerations for insurance and reinsurance companies underwriting risks in the region. This article...more
The great majority of private antitrust disputes are resolved through settlements. One of the key challenges for policymakers, practitioners, consumers and businesses is how to efficiently resolve cross-border price-fixing...more
As Europe continues to open its door to private damages actions, questions arise as to where to bring claims against international cartelists. In this article, we provide a simplified overview of the highly complex set of...more
The global nature of many price-fixing cartels gives rise to unique challenges for obtaining evidence located outside the jurisdiction.
Originally published in Competition Law360 on January 31, 2014....more
2/3/2014
In the last two months, courts in California have issued several decisions concerning the scope of an insurer’s duty to defend its insured in underlying litigation. These decisions address important matters involving the...more
Although specific cyber risk insurance policies are becoming increasingly common, claims related to data breaches continue to be submitted under commercial general liability policies. Some recent decisions addressing these...more
A recent decision by the California Court of Appeal confirms the willingness of courts in California to enforce exclusions for water damage in property policies, thus precluding coverage for the policyholders’ alleged...more