The results of the November 5, 2024, election in the United States will almost certainly have profound consequences within the country and across the globe. The election will surely impact policyholder exposures, insurer...more
On June 6, 2024, the United States Supreme Court issued its decision on an insurer’s standing in its policyholders’ Chapter 11 bankruptcy proceeding in Truck Exchange v. Kaiser Gypsum Co., 144 S. Ct. 1414 (2024). The decision...more
10/29/2024
/ Article III ,
Asbestos ,
Bankruptcy Code ,
Bankruptcy Court ,
Bodily Injury ,
Chapter 11 ,
Commercial Bankruptcy ,
Commercial Insurance Policies ,
Duty to Defend ,
Harrington v Purdue Pharma L P ,
Insurance Regulations ,
Popular ,
Purdue Pharma ,
Real Party in Interest ,
Reorganizations ,
SCOTUS ,
Standing ,
Truck Insurance Exchange v Kaiser Gypsum Company Inc
In a recent Law360 article, we explored some of the implications of a recently proposed anti-ESG bill being considered by the Texas legislature. However, we thought the issue merited some follow up analysis....more
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
7/1/2022
/ Business Interruption ,
Commercial Insurance Policies ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Insurance Claims ,
Insurance Industry ,
Multidistrict Litigation ,
Policy Exclusions ,
Popular ,
Putative Class Actions
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
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
2/15/2022
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms ,
Property Insurance
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
Racking up three more victories at the U.S. Court of Appeals for the Ninth Circuit, insurers have now prevailed in the first six decisions of United States Court of Appeal. Each of these decisions have affirmed the dismissal...more
10/5/2021
/ Breach of Contract ,
Business Interruption ,
Business Losses ,
Choice-of-Law ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Dismissals ,
Insurance Claims ,
Insurance Industry ,
Loss Coverage ,
Proximate Cause
Environmental, social, and governance (ESG) criteria or standards – often referred to simply as sustainability – are having an impact on all sectors of society, including corporate, entity, and professional policyholders and...more
The U.S. Court of Appeals for the Sixth Circuit recently affirmed the dismissal of a policyholder’s COVID-19 insurance coverage action in Santo’s Italian Café LLC v. Acuity Insurance Co., No. 21-3068 (6th Cir. Sept. 22,...more
9/27/2021
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss Coverage ,
Policy Terms ,
Property Damage
The pace of new COVID-19 coverage actions has slowed down in recent months, but new cases continue to be filed. As of August 31, 2021, according to the Penn Law COVID Coverage Litigation Tracker, more than 1,980...more
9/9/2021
/ Business Interruption ,
Commercial Insurance Policies ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Loss Coverage ,
Policy Exclusions ,
Property Insurance
A bipartisan group of U.S. Senators—Rand Paul (R-KY), Robert Menendez (D-NJ), and Jeffrey Merkley (R-KY)—recently introduced the Clarifying Law Around Insurance of Marijuana Act (CLAIM Act). The proposed legislation is...more
In the wake of government quarantine/shut down orders being executed in response to the pandemic, a flurry of bills were introduced in several states to retroactively create—by government fiat—business interruption insurance...more
6/1/2020
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
PA Supreme Court ,
Policy Terms ,
Proposed Legislation
As COVID-19 coverage lawsuits continue to be filed across the country, there have been some significant pro-insurer developments over the past few weeks that are worth noting.
The Louisiana State Senate has shelved the...more
On April 14, 2020, United States Representative Mike Thompson (CA-05) introduced the Business Interruption Insurance Coverage Act of 2020 (H.R. 6494). Thompson stated the bill is intended "to ensure businesses who purchase...more
As the coronavirus, COVID-19, continues to spread, organizations around the globe are facing mounting business disruptions and economic losses. Some of these entities may seek coverage for these losses under a variety of...more