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Energy & Utilities Insurance

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.

News from Second & State

Weekly Wrap - It was back to business as usual this week in Harrisburg, as the Senate returned for three days of voting session. While not in session, the House of Representatives was also busy, holding some public...more

LB&I Expands New Approach with Second Release of Campaigns

On November 3, 2017, the Large Business & International Division (LB&I of the Internal Revenue Service (IRS) released a list of 11 new campaigns, adding to the 13 campaigns that it initially launched in January. Eversheds...more

Africa Focus: Sub-Saharan African power projects - Credit support and enhancement

by White & Case LLP on

Counterparty credit risk continues to remain a key, often threshold concern for private sector sponsors and lenders to the majority of power projects in sub-Saharan Africa. Structuring power projects in an effort to overcome...more

Insurance Coverage for Global Warming Liability – An Increasingly Hot Topic

by Reed Smith on

Three recent California lawsuits against some of the country’s largest energy companies represent the latest effort by civil litigants to obtain legal relief for damages allegedly sustained because of climate change. Although...more

United States Fifth Circuit Confirms Remedies Available to Subrogated Insurer

by Liskow & Lewis on

On July 7, 2017, the United States Fifth Circuit Court of Appeal, in Associated International Insurance Company v. Scottsdale Insurance Company, held that, under Texas law, the subrogation clause of an insurance agreement...more

New York Court Holds Pollution Exclusion Applicable to Pollution Caused by Covered and Uncovered Causes

In its recent decision in Matter of Midland Ins. Co., 2017 N.Y. App. Div. LEXIS 5065 (N.Y. 1st Dep’t June 22, 2017), the Supreme Court of New York, Appellate Division, First Department, had occasion to consider the...more

2017 Vermont Legislative Session | The Year in Review - DRM's Government & Public Affairs Team Final Analysis

by Downs Rachlin Martin PLLC on

A May 18th adjournment brought to a close the first half of the 74th biennial session of the Vermont General Assembly. Drama awaits as Gov. Phil Scott has threatened to veto H.518, the fiscal year 2018 budget, over an...more

Trump Administration Releases Fiscal Year 2018 Budget Proposal

by Baker Donelson on

On Tuesday, May 23, the White House released the President's fiscal year 2018 (FY18) budget, launching a contentious and consequential debate that is expected to last through the end of the fiscal year and possibly beyond....more

News From the Vermont Statehouse - An Analysis from DRM’s Government & Public Affairs Team - April 2017

by Downs Rachlin Martin PLLC on

Trial Bar Proposes Anti-Ride-Sharing Amendments to Insurance Bill - The Senate Judiciary Committee considered amendments this week proposed by the Vermont Trial Lawyers Association that would likely force Uber out of...more

French Legal and Regulatory Update - February 2017

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for February 2017. Commercial Law...more

Increase in Energy Industry Losses in Latin America

by Zelle LLP on

Recent studies in the insurance industry have shown that the fall in oil prices has historically led to an increase in claims in refineries and petrochemical plants. The 2016 Marsh report, in relation to the 100 claims...more

An Overview of Representations and Warranties Insurance

The last twelve months have seen strong levels of M&A activity in the U.S. energy tech and renewables sector. As this trend continues, we want to share a recent update on the increased use of representations and warranties...more

Eighth Circuit Pollution-Exclusion Opinion a Cautionary Tale for Natural Gas Industry

by Reed Smith on

The interpretation and application of a pollution exclusion in a commercial general liability (“CGL”) policy is often a fact-specific and jurisdiction-specific exercise. That said, the U.S. Court of Appeals for the Eighth...more

8th Circuit: A Spill or Release of Natural Gas Condensate Can Be Subject to an Insurance Policy’s Pollution Exclusion

On January 31, the U.S. Court of Appeals for the Eighth Circuit held that, under the terms of a commercial general liability insurance policy, natural gas condensate, a valuable commercial product, once released, is a...more

Energy Newsletter - January 2017

by King & Spalding on

LNG in Europe 2016/2017: An Overview of LNG Import Terminals in Europe - The increase in the supply of LNG to Europe in 2015 and the first half of 2016 was led by the UK and Italy, with other significant increases in...more

Coal Plant Shutdowns: Operators Should Implement Their Document Retention Policies And Protect Against Future Asbestos Claims

by McCarter & English, LLP on

As far as contamination concerns go, asbestos-containing materials (ACM) are generally way down the list of issues at a shutdown coal plant. You hire certified contractors, bag the ACM and dispose of it in approved landfills....more

Insurance Coverage for Lost Profits Arising from Cyber Attacks on the U.S. Power Grid – Contingent Business Interruption Coverage...

by McGuireWoods LLP on

The Washington Post reported Friday that Russian hackers had penetrated the U.S. utility grid through Burlington Electric, a Vermont utility. Although the utility later clarified that the attacked computer was not connected...more

Crisis Management in the Gas Patch (Part 3): Additional Insured Coverage

by K&L Gates LLP on

In a challenging business climate, such as when oil and gas are selling at low prices, exploration and production companies are not only increasingly selective with their drilling programs and capital expenditures, but are...more

Missouri Supreme Court resets the rules for collecting leaking underground storage tank cleanup costs in litigation

by Thompson Coburn LLP on

An impactful decision from the Missouri Supreme Court will likely affect how leaking underground storage tank (“UST”) owners collect cleanup costs from the Petroleum Storage Tank Insurance Fund (“Fund”) in the future....more

In Alabama, Sewage is NOT a Pollutant Falling Within the Pollution Exclusion in a Commercial General Liability Policy

by Butler Snow LLP on

Pollution exclusion clauses are an insurance industry staple and are often contained in commercial general liability insurance policies. While one might think that raw sewage would be considered a pollutant, under current...more

Montana Court Enforces Oil and Gas Exploration Exclusion

In its recent decision in Palmer v. Northland Cas. Co., 2016 U.S. Dist. LEXIS 138556 (D. Mont. Oct. 5, 2016), the United States District Court for the District of Montana had occasion to consider the application of an oil and...more

Choice-Of-Law Ruling In Massachusetts Diminishes Coverage For Rhode Island Public Utility

by Murtha Cullina on

The Appeals Court of Massachusetts recently dealt a blow to policyholders by choosing to apply Massachusetts law to the coverage of environmental contamination in Rhode Island. In OneBeacon America Insurance Company v....more

Crisis Management in the Gas Patch (Part 2): Handling Well Control Claims

by K&L Gates LLP on

In a challenging business climate, such as when oil and gas are selling at low prices, exploration and production companies are not only increasingly selective with their drilling programs and capital expenditures, but are...more

Control-of-Well Insurance: The Words of the Policy Control

by Gray Reed & McGraw on

Gemini Insurance Company at al v. Drilling Risk Management Inc construed control-of-well and redrill/extra-expense provisions in an insurance contract. The question and the rule - The question was whether an...more

Forgery May Not Constitute “Theft” Under an Employee Dishonesty Coverage

by Cozen O'Connor on

Ruling in favor of the insurer on a motion for summary judgment, on July 29, 2016 the Fifth Circuit Court of Appeals held that under the terms of a commercial crime policy, proof of a forgery by the insured’s employee in...more

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