On January 23, 2026, in a case involving an insurance coverage dispute, the Illinois Supreme Court answered a question certified by the Seventh Circuit Court of Appeals about whether and, to what extent, a permit or...more
One of the hallmarks of the new year, as common as Auld Lang Syne and the ball drop in Time Square, are the “top” or “best of” lists that accompany the rollover of the calendar. These lists review what was big over the last...more
The United States District Court for the District of Montana, applying Montana law, held on summary judgment that claims-made Petroleum Industry Insurance Coverage did not apply to pollution claims where contamination began...more
The Eleventh Circuit Court of Appeals, applying Florida law, held that an insurer could deny coverage for failure to provide timely notice where the insured provided no evidence to rebut the presumption of prejudice to the...more
The U.S. Environmental Protection Agency has proposed dramatic changes to environmental regulations in recent months, including its announcement, in March, of what it called the “biggest deregulatory action in U.S. history.” ...more
The U.S. District Court for the Southern District of Georgia recently confirmed that stormwater is considered a pollutant for purposes of the standard pollution exclusion contained in a Commercial General Liability (CGL)...more
The United States District Court for the Northern District of New York, applying New York law, has determined that an insurer had a duty to defend an insured because a carve-out to the relevant pollution exclusion applied....more
The Illinois Supreme Court has teed up a significant insurance question: Does a standard pollution exclusion bar coverage when the alleged “pollution” was not considered to be pollution when the policy issued—where the...more
The question of whether ethylene oxide emissions constitute traditional environmental pollution for the purpose of interpreting commercial general liability pollution exclusions remains unsettled in many jurisdictions across...more
As temperatures in the Northeast have made it feel more like winter than spring, it’s only fitting that we begin our April Insurance Update with a case from Alaska. There, the Alaska Supreme Court decides for the first time...more
New Jersey appeals court concludes that claims by a condominium resident alleging injury from indoor exposure to mold did not fall within a “consumption” exception to mold exclusions* in CGL policies where the resident...more
In Aloha Petroleum Ltd. v. National Union Fire Insurance Company of Pittsburgh (Aloha), the Supreme Court of Hawai’i held that, while the climate change litigation satisfied the “occurrence” requirement, greenhouse gases...more
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
In a significant ruling, the Hawaii Supreme Court has determined that AIG is not required to provide coverage for a lawsuit against Sunoco subsidiary, Aloha Petroleum. The Hawaii court found a pollution exclusion in AIG’s...more
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
The Supreme Court of the State of Hawaii (“Hawaiian Court”) addressed in an October 7th Opinion an insurance coverage issue arising in a climate litigation matter. See Aloha Petroleum, Ltd. vs. National Union Fire Insurance...more
S.K.A.V., L.L.C. v. Indep. Specialty Ins. Co., 103 F.4th 1121 (5th Cir. 2024) Fifth Circuit predicts that, as amended, a Louisiana statute (Revised Statute § 22:868)* prohibiting certain insurance contracts from depriving...more
Concerns surrounding plastic, particularly microplastics and synthetic microfiber, pollution are growing. As federal and state governments continue to focus on this issue, lawsuits seeking to hold companies accountable for...more
We touch upon various issues in our August insurance update. The Supreme Judicial Court of Massachusetts considers the meaning of “surface waters” and whether the sublimit for floods applies when pooled water on a roof...more
Paraco Gas Corporation purchased an insurance policy for Directors, Officers and Private Company Liability (“D&O”) from Ironshore Indemnity, Inc. that covered certain acts of Paraco’s officers and directors. Paraco...more
It’s not often that the U.S. Supreme Court weighs in on insurance issues. That’s because the McCarran-Ferguson Act gives states the primary authority to regulate the business of insurance. So when the Supreme Court speaks on...more
Insurers often include exclusions within their liability policies to prohibit coverage for claims arising out of pollution exposure. The exact wording of the exclusion can differ significantly, but the key issue is whether...more
Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most...more
In Wesco Insurance Co. v. Brad Ingram Construction, the Ninth Circuit Court of Appeals reversed a summary judgment ruling in favor of Wesco Insurance Co. after a split panel concluded that toxic dust and debris from a...more
In Dyno Nobel v. Steadfast Insurance Co., the Tenth Circuit Court of Appeals recently held that, under Utah law, where a specific state is listed in an endorsement heading, coverage under the endorsement is limited to claims...more