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West Virginia v. EPA: Insurers Should Consider How Big of a Bite the U.S. Supreme Court Took Out of the "E" in ESG

We have written extensively about environmental, social, and governance ("ESG") otherwise known as sustainability, and its impact on insurers and their policyholders. We have pointed out how ESG has impacted insurers qua...more

The State Of COVID-19 Coverage Litigation In The United States

The issuance of various governmental orders requiring businesses to temporarily modify or close their operations during the COVID-19 pandemic led to an immediate avalanche of claims and lawsuits involving first-party...more

New York Appellate Court Rules Insurer Accepting Service and Assigning Counsel to Defend Defunct Insured Retains Coverage Defenses...

On March 22, 2022, the Supreme Court of New York Appellate Division, First Department reversed a trial court order which had held an insurer—ordered to accept service on behalf of a defunct policyholder—was liable for the...more

COVID-19 Coverage Litigation: Insurers Maintain Unbeaten Record in All Appellate Court Decisions to Date

As we approach the end of the first quarter of 2022, things are still looking good for insurers in the COVID-19 coverage litigation battle.   The issuance of various governmental orders requiring businesses to temporarily...more

Colorado Supreme Court Rules Insurance Adjuster is not Personally Liable for Claim Denial

In a highly anticipated decision delivered on March 14, 2022, the Colorado Supreme Court rejected a policyholder's attempt to hold an insurance director personally liable under sections 10-3-1115 to -1116, C.R.S. (2021) for...more

Part Seven: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

This is the seventh and final installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Some key decisions impacting the D&O and securities law...more

Part Six: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

This is the sixth installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Lead Paint - Coverage issues relating to the $400...more

Part Five: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

Cyber Security And Privacy Insurance Claims - This is the fifth installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. To date, the vast...more

Seventh Circuit Rules Largely in Favor of Policyholder on Defense Issues for Nassar USAG Sexual Assault Claims

On February 25, 2022, a split panel of the Court of Appeals for the Seventh Circuit issued a decision on D&O coverage for the Nassar USAG sexual assault claims. The lengthy opinion is worth reading in its entirety, but we...more

Part Four: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

Civil Unrest, Riots, And Strikes - This is the fourth installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Many commentators have...more

Part Three: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

COVID-19 Business Interruption Coverage Litigation - This is the third installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. The issuance...more

Part Two: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

Social Inflation - This is the second installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Social inflation continues to be a major...more

Part One: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

Environmental, Social, and Governance (ESG) - These are challenging times for insurers, policyholders, and reinsurers. In the coming days, we will review—in a series of articles—some of the key trends and developments...more

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