In Part 1 of this series, we introduced the Federal Acquisition Regulation’s (FAR) approach to insurance and risk allocation in federal procurement, focusing on FAR Part 28 and the insurance-related clauses in FAR Subpart...more
3/3/2026
/ Contract Terms ,
Contractors ,
Defense Contracts ,
Defense Sector ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Responsibilities ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Insurance Regulations ,
Liability Insurance ,
Procurement Guidelines ,
Risk Management ,
Subcontractors ,
Workers' Compensation Claim
This is the second in a series of discussions about insurance issues unique to the Lone Star State. Both bankruptcy and the ability for a policyholder to assign its first-party, bad-faith claim against its insurer can be...more
1/20/2026
/ Assignments ,
Bad Faith ,
Bankruptcy Court ,
Bankruptcy Discharge Order ,
Chapter 11 ,
Commercial Bankruptcy ,
Commercial General Liability Policies ,
Commercial Litigation ,
Denial of Insurance Coverage ,
Duty to Defend ,
Insurance Claims ,
Insurance Contracts ,
Insurance Litigation ,
Insurer Liability ,
Liability Insurance ,
Policy Limits ,
Risk Management ,
Risk Mitigation ,
Texas
In Part 1 of this series, we introduced the Federal Acquisition Regulation’s (FAR) approach to insurance and risk allocation in federal procurement, with a focus on FAR Part 28 and the insurance-related clauses in FAR Subpart...more
1/6/2026
/ Auto Insurance ,
Commercial Insurance Policies ,
Contract Terms ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Insurance Contracts ,
Insurance Regulations ,
Liability ,
Liability Insurance ,
Motor Vehicles ,
Procurement Guidelines ,
Regulatory Requirements ,
Risk Management ,
Risk Mitigation ,
Subrogation ,
Transportation Industry
The Federal Acquisition Regulation (FAR) is a comprehensive set of regulations governing federal procurement — prescribing how agencies acquire goods and services and how contractors compete for, win, and perform government...more
11/3/2025
/ Contract Management ,
Contract Terms ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Government Agencies ,
Insurance Regulations ,
Liability Insurance ,
Procurement Guidelines ,
Risk Allocation ,
Risk Management
Healthcare providers face a patchwork of state laws and regulations requiring certain types and amounts of liability insurance. Although all healthcare professionals should procure policies covering alleged negligence in...more
9/29/2025
/ Compliance ,
Health Care Providers ,
Insurance Regulations ,
Liability Insurance ,
Medical Malpractice ,
Professional Liability Insurance ,
Regulatory Requirements ,
Risk Management ,
State and Local Government ,
State Insurance Administrations ,
State Legislatures
September is National Preparedness Month in the United States. This designation urges organizations and individuals to prepare for disasters and emergencies. Given the increasing frequency and severity of natural disasters,...more
9/16/2025
/ Business Interruption ,
Claims Made Policy ,
Commercial Insurance Policies ,
Commercial Property Owners ,
Disaster Preparedness ,
Insurance Brokers ,
Insurance Industry ,
Natural Disasters ,
Policy Limits ,
Property Insurance ,
Risk Management ,
Risk Mitigation
A policyholder's ability to assign its rights to insurance proceeds can be an effective tool of risk mitigation. However, insurance policies often incorporate assignment clauses, which require policyholders to obtain their...more
9/8/2025
/ Anti-Assignment Clauses ,
Assignment of Benefits (AOB) ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Contract Interpretation ,
Insurance Claims ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Insurance Regulations ,
Maryland ,
Policy Terms ,
Professional Liability Insurance ,
Property Damage ,
Risk Mitigation ,
State Insurance Administrations
In the home health care business? Whether a franchisor, franchisee, or independent agency, beware of bodily injury exclusions in professional liability policies that could eliminate coverage for otherwise covered claims....more
8/14/2025
/ Bodily Injury ,
Denial of Insurance Coverage ,
Franchise Agreements ,
Franchisors ,
Healthcare ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability Insurance ,
Policy Exclusions ,
Professional Liability Insurance ,
Texas
Insurance policies often incorporate assignment clauses, which require policyholders to obtain their insurers’ written consent before assigning their insurance policies to others. For example, the ISO Common Policy Conditions...more
How much insurance does my organization need? This conundrum impacts policyholders from small businesses needing single policies to Fortune 500 companies placing complex, multimillion-dollar insurance towers. For owners and...more
This is the first in a series of articles addressing critical issues in risk management and insurance for skilled nursing facilities.
Owners and operators of skilled nursing facilities know that a claim or lawsuit against...more
4/1/2025
/ Damages ,
Healthcare ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Negligence ,
New Legislation ,
Policy Exclusions ,
Professional Liability Insurance ,
Retaliation ,
Risk Management ,
Skilled Nursing Facility
A recent Mississippi case reminds commercial and residential policyholders alike of the importance of updating insurance coverage when circumstances change to avoid a coverage dispute or the loss of coverage altogether....more
On December 31, 2021, New York imposed draconian new insurance disclosure requirements on defendants in New York state courts when Gov. Kathy Hochul signed the Comprehensive Insurance Disclosure Act (Senate Bill 7052) into...more
Nordstrom, like other retailers, sustained property damage and business interruption expenses as a result of protests arising out of the Black Lives Matter movement. Although the retailer supports BLM, its insurers do not...more
Notwithstanding insurers’ transparent attempts to convince you otherwise, policyholders may very well have coverage for business interruption losses from COVID-19 under their property policies. Since the start of the...more
A North Carolina court has required Cincinnati Insurance Company to provide business interruption and extra expense coverage to 16 North Carolina restaurants that lost the use of and access to their properties due to COVID-19...more
Judge Stephen Bough and the federal court in the Western District of Missouri entered an important order yesterday in a case brought by Studio 417, a hair salon, and several restaurants against Cincinnati Insurance Company....more
The Panel on Multidistrict Litigation has rejected efforts to centralize pretrial proceedings in actions in Pennsylvania and Illinois seeking insurance coverage for business interruption losses resulting from COVID-19. The...more
Many of the early insurance-related COVID-19 lawsuits seek insurance coverage under the civil authority coverage grant in commercial property policies. Restaurants filed the first cases (Cajun Conti LLC, et al. v. Certain...more
COVID-19 has changed the daily lives for all Americans, and this includes a spring with no baseball. Fans across the nation had tickets in hand for the 15 games set for Opening Day on March 26, 2020. However, on March 12,...more
Louisiana, like many other states, has proposed two insurance coverage bills in response to COVID-19’s devastating impact on businesses. While Louisiana’s House bill is limited to small businesses, the Senate bill is not....more
As COVID-19 halts commercial activity throughout the United States, states have jumped into action to preserve insurance coverage for small businesses. New Jersey led the way by proposing legislation requiring property...more
As COVID-19 leads to event cancellations worldwide, the insurance market is scrambling to minimize its financial exposure to event cancellation claims. Although we have seen event policies with COVID-19 exclusions and others...more
In a sweeping decision, the U.S. Court of Appeals for the Fifth Circuit extended the absolute pollution exclusion to the unplanned discharge of “rock fines,” pellets produced during quarry operations, and denied coverage for...more
1/31/2020
/ Appeals ,
Commercial General Liability Policies ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Department of Environmental Protection ,
Drinking Water ,
Duty to Defend ,
Environmental Violations ,
Insurance Industry ,
Insurance Litigation ,
Notice of Violation ,
Policy Exclusions ,
Policy Terms ,
Pollution Exclusion ,
Reversal ,
Statutory Violations ,
Umbrella Policies ,
Water Pollution
A recent decision involving insurance coverage for a rideshare driver explains the temporal aspect of rideshare policies, which insure drivers during certain phases of the rideshare process. Here a driver sought uninsured...more