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
On October 7, 2024, the Hawaii Supreme Court, responding to questions certified by the United States District Court for the District of Hawaii, determined that insurers had no duty to defend Aloha Petroleum ("Aloha") in two...more
10/18/2024
/ Climate Change ,
Corporate Counsel ,
Duty to Defend ,
Environmental Claims ,
Greenhouse Gas Emissions ,
Hawaii ,
HI Supreme Court ,
Insurance Claims ,
Insurance Litigation ,
Occurrence ,
Policy Exclusions ,
Policy Terms ,
Pollution Exclusion
As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more
12/22/2023
/ Affirmative Action ,
Artificial Intelligence ,
Asbestos ,
Biden Administration ,
Biometric Information Privacy Act ,
Business Interruption ,
California Privacy Rights Act (CPRA) ,
Climate Change ,
Construction Defects ,
Coronavirus/COVID-19 ,
Cybersecurity ,
D&O Insurance ,
Damages ,
Data Breach ,
Diversity and Inclusion Standards (D&I) ,
Duty to Defend ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Insurance Industry ,
Lead ,
Litigation Funding ,
Machine Learning ,
Marine Insurance ,
Misrepresentation ,
Opioid ,
PFAS ,
Pollution Control ,
Price Inflation ,
Privacy Laws ,
Reimbursements ,
Reinsurance ,
SCOTUS ,
Securities ,
Severe Weather ,
Students for Fair Admissions v Harvard College ,
Sustainability ,
Toxic Substances Control Act (TSCA) ,
Underwriting ,
West Virginia v EPA
"Duty to Defend: A Fifty-State Survey," examines issues of significance to insurance claims professionals and lawyers making decisions about properly responding to complaints tendered for a defense under the laws of each of...more
On February 11, 2022, the Texas Supreme Court handed the insurance industry an overall victory in an inter-insurer dispute by recognizing an exception to the "eight corners rule" permitting insurers to rely upon extrinsic...more
The Seventh Circuit has affirmed a ruling by an Illinois federal district court, holding that an "Information Laws" exclusion bars coverage for an insured dental services company's TCPA claim. Mesa Laboratories, Inc. v....more
A California federal court has ruled that an insured's misrepresentation in a Statement of No Loss in support of reinstatement of its liability insurance policy provided the basis to rescind the policy reinstatement, but not...more
An Illinois state appellate court recently ruled that a customer's biometric privacy class action claims against an insured tanning salon potentially fell within two insurer's personal injury coverage. See, West Bend Mutual...more
3/27/2020
/ Advertising Injury ,
Appeals ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Privacy ,
Denial of Insurance Coverage ,
Duty to Defend ,
Emotional Distress Damages ,
Fingerprints ,
Liability Insurance ,
Negligence ,
Policy Exclusions ,
Publication Requirement ,
Reservation of Rights ,
Statutory Violations ,
Unauthorized Disclosure ,
Unjust Enrichment