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
On November 17, 2017, a U.S. district court in Florida narrowly construed personal and advertising injury coverage for data-breach claims under a commercial general liability policy. In Innovak International, Inc., v. The...more
11/28/2017
/ Advertising Injury ,
Claim Denial Letters ,
Class Action ,
Commercial General Liability Policies ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Duty to Defend ,
Insurance Industry ,
Negligence ,
Personally Identifiable Information
Insurance policies typically include a cooperation clause, which requires the insured to cooperate with the insurer in the defense of a covered claim. Insurers routinely use this clause as a sword against their insureds by...more
7/27/2015
/ Babcock & Wilcox Construction ,
Bad Faith ,
Class Action ,
Contract Terms ,
Duty to Defend ,
Fairness Standard ,
Insurance Industry ,
Policy Exclusions ,
Policy Limits ,
Reservation of Rights ,
Toxic Exposure
We recently notified you of the FDIC’s Financial Institution Letter 47-2013 , which urges directors and officers of financial institutions to examine their institutions’ directors and officers (D&O) insurance coverage to...more
11/23/2013
/ Board of Directors ,
Civil Monetary Penalty ,
Corporate Counsel ,
Corporate Officers ,
D&O Insurance ,
Directors ,
Duty to Defend ,
FDIC ,
Financial Institutions ,
Indemnification ,
Professional Liability
In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site anywhere in the country, the Alabama Supreme Court has followed the majority of state courts and held that a...more
In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site, the Alabama Supreme Court has held that a PRP letter constitutes a “suit” under a comprehensive general...more