News & Analysis as of

Commercial Insurance Policies

Gallagher

Reps and Warranties Insurance Limits: Rethinking the 10% Rule

Gallagher on

"How much limit should we buy?" This is a perennial question in the world of reps and warranties insurance (RWI). For years, the shorthand answer has been 10% of enterprise value. But as with many rules of thumb, it's worth...more

Ankura

Navigating Commercial Property and Cyber Insurance Claims

Ankura on

When disaster strikes, the difference between a smooth recovery and a drawn-out claims process often comes down to how effectively an organization manages its insurance claim. By proactively addressing common issues early in...more

Carlton Fields

Sixth Circuit Rules Against Nonprofit Organization in Insurance Dispute Over Replacement Cost of Outdated Building

Carlton Fields on

The Sixth Circuit Court of Appeals recently affirmed summary judgment in favor of an insurance carrier regarding a coverage dispute over the replacement cost of a building....more

Epstein Becker & Green

OIG Greenlights Cost-Sharing Waiver for Commercially Insured Patients

On January 16, 2025, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) posted Advisory Opinion 26-01, offering clarity as to whether a manufacturer may waive patient cost-sharing amounts for...more

Cozen O'Connor

Court Says Ensuing Loss Requires More Than Increased Susceptibility

Cozen O'Connor on

In Stella Property Development and Event Production, LLC v. Auto-Owners Insurance Company, 2026 WL 221489 (W.D. Pa. 2026), the United States District Court for the Western District of Pennsylvania denied summary judgment as...more

Haynes Boone

When “Skin in the Game” Meets Uninsurable Risk: Rethinking “Knock-for-Knock” Carve Outs

Haynes Boone on

In the offshore oil and gas sector, procurement contracts have long served as sophisticated risk management tools designed to promote commercial certainty by clearly defining parties’ obligations and allocating risks in a...more

Jones Day

Delaware High Court Rejects Application of D&O Policy's "Bump-Up" Exclusion to Securities Claim Settlement

Jones Day on

In a significant victory for policyholders, the Delaware Supreme Court rejected three insurers' attempts to apply their Directors and Officers ("D&O") liability policies' so-called "bump-up" exclusion to bar coverage for...more

Pillsbury - Policyholder Pulse blog

Doing Business in Venezuela: Political Risk Insurance Is a Critical First Step

The geopolitical drama unfolding with respect to Venezuela is loaded with opportunity and fraught with political risk arising from both Venezuelan and U.S. government actions. The country is still headed by a regime the U.S....more

Bradley Arant Boult Cummings LLP

As Winter Storm “Fern” Thaws, Take Note of Keys to Insurance Recovery

As the great thaw is underway across much of the country, Winter Storm Fern is now poised to be the most expensive weather event to hit the U.S., with economic losses estimated to surpass $100 billion....more

Morgan Lewis

Winter Weather Event ‘Fern’ & Lessons from ‘Uri’: Key Insurance Recovery Considerations for Businesses

Morgan Lewis on

Recent winter storms across Texas and the southern United States underscore the ongoing insurance-recovery risks posed by extreme weather events. Drawing on lessons from Winter Storm Uri and the more recent January 2026...more

Zelle  LLP

New Oil Christian Center v. GuideOne Mutual Insurance Co.

Zelle LLP on

In New Oil Christian Center v. GuideOne Mutual Insurance Co., 2025 WL 642914 (D. Minn. Feb. 27, 2025), the court held that a commercial property policy provision limiting recovery for roof surfacing to actual cash value (ACV)...more

Clark Hill PLC

Suretyship: A Primer On Common Indemnity Agreement Provisions

Clark Hill PLC on

Any contractor seeking bonding capacity, whether it be for public or private projects, will necessarily see a general indemnity agreement as a part of establishing a relationship with any surety. ...more

Pillsbury - Policyholder Pulse blog

Jurisdiction Everywhere? Mallory’s Evolving Implications for Corporate Policyholders

Insurance coverage disputes often begin with a battle over the appropriate forum for litigation. This can impact matters from the judge and jury who hear the case to the body of state law that governs the coverage issues. The...more

Pillsbury - Policyholder Pulse blog

Digging Out from Under Winter Storm Fern: Key Insurance Considerations for Commercial Policyholders

Over the weekend of January 24-25, 2026, Winter Storm Fern struck a vast swathe of the Eastern United States and Canada. The storm is likely to have had—and for some days to come will continue to have—a vast impact on...more

Lowenstein Sandler LLP

New Year, New D&O Insurance Trends

Lowenstein Sandler LLP on

In this episode of Don't Take No For An Answer, host Eric Jesse sits down with Matthew Kerman, a broker at ARC Excess & Surplus, to discuss the current state and trends on directors and officers (D&O) insurance. Kerman notes...more

Stoel Rives LLP

2026 Best Practices for Construction Project Insurance

Stoel Rives LLP on

As 2026 dawns, project insurance remains one of the most critical risk management tools for developers, builders and design professionals. Yet with multiple acronyms out there such as OCIP, CCIP, OPPI, GL, PL and SDI,...more

Cozen O'Connor

From Dock to Doorstep: Exploring Good and Bad Faith Across Land and Sea

Cozen O'Connor on

Insurance law is, at its core, a law of relationships. Whether land-based or maritime, every policy rests on an expectation of honesty, transparency, and fairness. Yet the way the law defines good faith—and the consequences...more

Hinshaw & Culbertson - Insights for Insurers

2025 Key Insurance Decisions, Trends, & Developments & A Look Ahead To 2026

The past year was action-packed for insurers and insurance coverage. In this commentary, we examine some of the key trends, developments, and decisions impacting the U.S. insurance industry in 2025 and forecast potential...more

Hogan Lovells

UK Insurance Horizon Scanner 2026

Hogan Lovells on

A snapshot of key market and regulatory developments expected to impact the UK insurance sector over the next year....more

Bradley Arant Boult Cummings LLP

When Federal Contracts Meet Insurance Coverage – Part 2: Automobile Liability Under FAR 52.228-8 and FAR 52.228-10

In Part 1 of this series, we introduced the Federal Acquisition Regulation’s (FAR) approach to insurance and risk allocation in federal procurement, with a focus on FAR Part 28 and the insurance-related clauses in FAR Subpart...more

A&O Shearman

Red Hand Doctrine: A New Label And A High Bar

A&O Shearman on

The red hand, or onerous clause, doctrine—which says that an onerous term will not be given effect unless the other party's attention has been specifically drawn to it—is not lightly to be invoked, according to the Court of...more

Wiley Rein LLP

Court Upholds 100% Allocation Based on Insured’s “Best Efforts” and Insurer’s Failure to Meet “Relative Exposure” Burden

Wiley Rein LLP on

The United States District Court for the Southern District of New York, applying New York law, upheld an arbitration award allocating 100% of amounts incurred jointly by insured individuals and non-insured entities to covered...more

Bradley Arant Boult Cummings LLP

Late Notice Doesn’t Always Mean No Coverage—But Only If You Can Prove It

The Eleventh Circuit’s recent decision in L. Squared Industries, Inc. v. Nautilus Insurance Co. offers important guidance for policyholders navigating notice provisions under claims-made insurance policies—particularly when a...more

Wiley Rein LLP

Insured’s Motion to Stay Coverage Action Denied Where Duty to Defend is Based on Allegations Against Insured

Wiley Rein LLP on

The U.S. District Court for the Northern District of Illinois, applying Illinois law, denied an insured’s motion to stay an insurer’s declaratory judgment action seeking a declaration that it owed no duty to defend. Landmark...more

Carlton Fields

Second Circuit Affirms $54 Million Jury Award in Favor of Insured After Insurers Deny Claim for Venezuela Oil Cargo Loss

Carlton Fields on

In Citgo Petroleum Corp. v. Ascot Underwriting Ltd., the Second Circuit Court of Appeals affirmed a $54 million jury award in favor of Citgo after agreeing with the lower court’s finding that Venezuela’s political conditions...more

1,026 Results
 / 
View per page
Page: of 42

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide