Best Practices for Negotiating Manuscript Exclusions
D&O Insurance Myths (Part 2)
Law School Toolbox Podcast Episode 388: Listen and Learn – Policy Exclusions (Evidence)
London’s Nation-State Attack Exclusion: Game Changer For The Cyber Insurance Market or An Opportunity For Competition Within the Market?
Long-Term Effects of Russia/Ukraine on Insurance
Cyberside Chats: There is a war in Europe. What does that mean for your cyber insurance policy?
Out With a Bang: Current State of Play on Coverage for COVID-Related Losses
Wait, are we related? Well, that depends on the facts and circumstances of each Claim
NGE On Demand: Insurance and Indemnity Issues for Family Offices with Angela Elbert
Ledgers and Law: Roadblocks Facing the Cannabis Industry
K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II
Prior & Pending Litigation
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
The United States District Court for the Southern District of Florida, applying Florida law, has held that a discrimination exclusion barred coverage for a lawsuit against a city chamber of commerce for allegedly interfering...more
Rowe v. State Mut. Ins. Co., 2025 Me. LEXIS 89 (Me., Sept. 23, 2025) - Maine Supreme Court, in the premises liability context, holds that an exclusion in a mobile homeowners policy for injury or damage "arising out of a...more
Representations and warranties insurance (RWI) has become a fixture in today’s M&A landscape, offering buyers and sellers a mechanism to shift risk and streamline negotiations. Yet, as the RWI market matures, certain...more
A knowing breach of the payment prohibition under insolvency law cannot be inferred from a breach of the obligation to file for insolvency. On November 19, 2025, the German Federal Court of Justice (Bundesgerichtshof;...more
Join Goldberg Segalla partner Dan Strick and attorney Andrew Simmers for a look into emerging risks presented by generative artificial intelligence. Dan and Andrew will discuss AI-related claims, how current policies apply,...more
Case Citation: Johnson v. Reliance Standard Life Insurance Company, No. 23-13443, 2025 WL 3251015 (11th Cir. Nov. 21, 2025) - The Situation: By a 2-1 vote, the Eleventh Circuit has held that a policy interpretation (1)...more
For real estate practitioners, this might be the most important client alert you read this year. Imagine this scenario: you are a real estate closing attorney who has received the funds necessary to pay off a seller’s...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
Written words have an intended meaning. Fair-minded readers try to grasp that meaning. But other readers impute motives to the writer either to serve their own ends or to protect the writer from unforeseen consequences. ...more
On September 23, 2025, in Church Mutual Insurance Co. S.I. v. Chabad of New Mexico, the U.S. District Court for the District of New Mexico ruled that a policy’s vacancy provision did not preclude coverage for two fire losses...more
Courts considered some interesting insurance issues this past month. The Indiana Supreme Court lent a sympathetic ear to insurers facing multiple claims against a single policy by adopting a “safe harbor” provision for...more
lAs AI use increases in current business operations, insurers are racing to define their risk appetite for this rapidly evolving exposure. Over the past year, several carriers have introduced exclusions and endorsements...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
In Cannon Falls Area Schools v. Hanover American Insurance Company (2025 WL 2976533 (D. Minn. 2025)), the United States District Court for the District of Minnesota held that a property insurer properly denied coverage...more
Insurance coverage disputes often rise or fall on sweeping questions — trigger theories, allocation frameworks, priority of coverage. But sometimes the battle comes down to something dramatically smaller: a comma....more
Corrosion exclusions are not interpreted in the same manner on both sides of the Atlantic Ocean. Generally speaking, in the U.K., corrosion exclusions only apply to exclude the claim where the corrosion event was a gradual...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
The US District Court for the Northern District of California recently held that an insurer had a duty to defend an online therapy company in a privacy class action, rejecting arguments that “related acts” and “prior...more
The United States District Court for the Southern District of New York, applying New York law, held that a Sexual and Physical Abuse exclusion barred coverage for a discrimination complaint filed with the Equal Employment...more
The United States Court of Appeals for the Eleventh Circuit, applying Georgia law, has held that a single lawsuit constitutes multiple “claims” and some of those “claims” fell outside the misappropriation exclusion in a...more
For companies in construction, development, or any industry reliant on major capital projects, the current risk environment is fraught with complexity. Material costs are volatile, insurance carriers are tightening coverage,...more
As companies accelerate adoption of artificial intelligence (AI) across operations, the cyber risk landscape is changing faster than most insurance programs. Threat actors are leveraging AI to supercharge phishing, deploy...more
The U.S. District Court for the Eastern District of New York, applying California law, held that an insured financial services company was not entitled to coverage under its professional liability policy for a client’s claim...more
The Delaware Superior Court, applying Delaware law, has held that an insured adequately stated a claim for breach of contract because a trade secret constitutes “non-public information,” thereby implicating coverage for a...more