Environmental, social, and governance (ESG) criteria or standards or sustainability issues have impacted all sectors of society, including corporate and professional policyholders and their risk managers, insurance...more
3/13/2025
/ Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Green Finance ,
Greenwashing ,
Infrastructure ,
Insurance Industry ,
OMB ,
Policy Terms ,
Regulatory Requirements ,
Risk Assessment ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Sustainability ,
Sustainable Business Practices ,
Trump Administration
Per- and poly-fluoroalkyl substances ("PFAS") represent major exposures to insurers and their policyholders. Thousands of lawsuits are pending nationwide, and numerous large settlements have already been reached. Insurers are...more
11/15/2024
/ Choice-of-Law ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Forum Selection ,
Insurance Claims ,
PFAS ,
Policy Terms ,
Pollution Exclusion ,
Popular ,
Public Health ,
Toxic Chemicals ,
Toxic Exposure
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
Insurers are impacted in many ways by the United States (U.S.) Supreme Court decisions, but very rarely does the Supreme Court wade into decisions directly involving insurance contracts or the rights of insurers. This term,...more
3/29/2024
/ Chapter 11 ,
Choice-of-Law ,
Debtors ,
Fraud Prevention ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Maritime Transport ,
Policy Terms ,
Reorganizations ,
SCOTUS
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
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
A Missouri federal district court became the second court within the past 15 months to consider whether a state's public policy overrides an insurance policy's choice of law provision. Maritz Holdings v. Certain Underwriters...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
In light of anticipated losses arising from the outbreak of COVID-19, the coronavirus, New York State's Department of Financial Services (NYDFS) has instructed property/casualty insurers to prepare explanations for their...more
The Bellefonte Cap -
The Bellefonte Cap is a shorthand reference to the "reinsurance accepted" limit set forth in a facultative certificate generally capping the reinsurer's obligations with respect to loss and expense...more
3/9/2020
/ Appeals ,
Contract Interpretation ,
Declaratory Relief ,
Evidentiary Hearings ,
Insurance Industry ,
Insurance Litigation ,
Liability Caps ,
Policy Terms ,
Reinsurance ,
Reinsurance Agreements ,
State Law Claims ,
Subsequent Litigation
A Mississippi federal district court became the latest to rule that Computer Fraud Transfer and Funds Transfer Fraud coverages were not applicable to losses resulting from an email phishing scam. In Miss. Silicon Holdings,...more