Loading and Unloading Under GL and Auto Policies: 2022
Each week for the next 10 weeks, we will publish an installment of our Red Flags Everywhere! series, highlighting key risk areas that public companies and their board of directors should keep top of mind. This series...more
For first time buyers, the diligence phase of an acquisition can be overwhelming. Every document review, identified risk, and unanswered question, can lead to hesitation, and hesitation can quickly turn into something known...more
In 2015, Texas-based ice cream darling Blue Bell Creameries was forced to implement a nationwide recall of its products after a mass Listeria outbreak. Indeed, the fallout was severe: a hefty DOJ fine of $19.35 million, the...more
The U.S. District Court for the Southern District of Georgia held that a lawyers’ professional liability insurer owed no duty to defend or indemnify an attorney against trade‑secret and conspiracy claims because the...more
Atlanta Gas Light Company and its parent (collectively, AGL) hired United States Infrastructure Corporation (USIC) to locate and mark gas lines in Georgia....more
In Everest Indemnity Insurance Co. v. Kates Detective & Security Services Agency Inc., a federal court, applying Illinois law, held that an insurer had no duty to defend or indemnify its insured or an additional insured in a...more
Employee Stock Ownership Plans (“ESOPs”) are powerful vehicles for business succession and employee ownership, but they operate under a tightly regulated framework. Because ESOPs are governed by the Employee Retirement Income...more
Overview - On Dec. 19, 2025, New York Governor Kathy Hochul signed into law a major amendment to New York’s Civil Practice Law and Rules (CPLR) § 1007, marking a major shift in third‑party practice in New York State...more
The insured, a plumbing company, faced millions of dollars in potential liability for claims arising from a fire at an apartment building where the insured performed work. The insured sought coverage for those claims under a...more
Contracting parties operating in Texas are no doubt mindful of the express negligence rule: If the contracting parties intend to indemnify a party for the consequences of its own negligence, they must specifically and...more
A Manhattan property owner retained On Star Management LLC to manage a renovation project at its property and On Star, in turn, retained Batco Associates, LLC, to perform work at the project. Batco then retained CMG...more
The holiday season often brings an increase in events featuring Santa Claus, themed characters, or other performer—but have you ever thought about the contractual clauses Santa agrees to in connection with his appearances at...more
The Fifth Circuit in BPX Production Company v. Certain Underwriters at Lloyd's London, No. 23-20034, 2025 WL 2952911 (5th Cir. Oct. 20, 2025), revived oil and gas producer BPX Production Company’s contractual coverage claims...more
Eastern District Finds Ongoing Operations Exclusion Is Unambiguous And Precludes Coverage For Worker’s Lawsuit- Steven Rodriguez owns property in Queens and leased one of the storefronts to a restaurant. Without...more
An Overview of The Duty to Defend- Many insurance policies issued as primary layer coverage establish two separate principal duties on the part of the insurer: the duty to defend and the duty to indemnify. 1. The duty to...more
The Missouri Court of Appeals, applying Missouri law, held that insurers had no duty to defend or indemnify a defense contractor in connection with a class action alleging failure to warn of groundwater contamination. Certain...more
On October 20, 2025, the United States Court of Appeals for the Fifth Circuit issued a significant decision clarifying that an insurer’s duty to defend under Texas law extends to a contractually mandated alternative dispute...more
A recent Missouri Court of Appeals decision provides helpful precedent for liability insurers facing legacy environmental claims and class actions. The court strictly construed the policy period, concluding that claims based...more
Two underlying actions were filed against US Crane & Rigging LLC and its subcontractor, NY Crane Hoist Operations LLC, for damages caused by unsecured cranes at a building project during Hurricane Zeta. Liberty Mutual Fire...more
The U.S. District Court for the Southern District of New York addressed the scope of insurance coverage for workplace injuries on a Brooklyn, New York, construction project, holding that the project owner ’ s insurer had no...more
You would think that a Master Service Contract concerning boats and oilfield operations in the Gulf of Mexico would be governed by federal maritime law. In some situations you would be mistaken, says Offshore Oil Services,...more
In this episode of "Don't Take No For An Answer," Jennifer Fiorica Delgado, partner in Lowenstein's Business Litigation group, joins host Heather Weaver for a deep dive into how commercial litigators can turn insurance into a...more
In a win for Wiley’s client, a California superior court, applying California law, held that California Insurance Code Section 533 (“Section 533”) barred all indemnity coverage for a retaliation claim against a county and...more
An Illinois Appellate Court, applying Illinois law, has held that a professional liability insurer had no duty to indemnify its insured because the insured was not “legally obligated to pay” any amount under the settlement...more
The United States District Court (S.D. Indiana) (“Court”) in a September 23rd Order addressed insurance coverage issues associated with an apartment complex contaminated by perchloroethylene (“PCE”). See Thompson Thrift...more