12/13/2023 8:56:51 PM Insurance coverage implications for PFAS-related liabilities By Brian Himmel Alexa Austin Increased litigation alleging exposure to per- and poly-fluoroalkyl substances (PFAS) present potential significant losses for companies...
11/29/2023 9:25:48 PM Hawaii Supreme Court rejects insurance company claims for defense expense reimbursement By Timothy Law At least since the California Supreme Court’s ruling in Buss v. Superior Court, 939 P.2d 766 (Cal. 1997), insurance companies have urged...
11/21/2023 9:51:23 PM The Gold Rush – Risks and Rewards When an Insurer Prospects for a Defense Verdict By Benjamin Fliegel When James W. Marshall found gold in 1848 in California, over 300,000 prospectors migrated to California to take part in the new...
11/15/2023 9:58:31 PM Arrowood Indemnity Company enters liquidation By Timothy Law Ann Kramer As discussed in our post last month, it was a long road for Arrowood Indemnity to be placed into liquidation in Delaware. On November 8,...
10/12/2023 7:48:26 PM Is Arrowood the next Kemper? The insurance insolvency system is broken By Ann Kramer The Kemper/Lumbermens saga To refresh everyone’s recollection, this is a report from Business Insurance from March 14, 2010: The Long...
10/9/2023 2:17:41 PM Recapping the McDonald’s Delaware court decision – Duty of oversight and D&O considerations By Jalen Brown Andy Moss Early this year, on January 25, 2023, the Delaware Court of Chancery extended the duty of oversight required of a corporation’s directors...
8/31/2023 11:20:39 PM Insurance coverage implications of SEC’s cybersecurity disclosure rules By Andy Moss David Cummings Andrew Barrios Lauren Gubricky +1 more... Show less The U.S. Securities and Exchange Commission (“SEC”) implemented rules governing registrants’ disclosure requirements pertaining to...
8/23/2023 11:18:03 PM The importance of drafting clear contractual indemnity provisions By Matthew Rosso Elizabeth Vieyra An indemnification provision is a legally binding agreement between two parties specifying that one party (indemnitor) will compensate...
7/18/2023 10:42:13 PM ESG – are “S” and “G” being overlooked when considering future risk? By Catherine Lewis Thomas Morgan Peter Hardy ESG “Environmental, Social and Governance” first popularized in the mid-2000s – is now firmly on boards’ lists of hot topics. Following...
7/10/2023 5:15:56 PM Tomorrow’s supply chain – First-party insurance coverage for supply chains By David Weiss Richard Lewis Supply chain disruptions due to natural and man-made events, such as the COVID-19 pandemic, climate change, and global and regional...
7/3/2023 9:23:02 PM Insurers must foot the bill for “inextricably intertwined” counterclaims in Pennsylvania By Amy Koss Lisa Szymanski In addition to insurance companies’ broad duty to defend all claims arising from complaints seeking damages potentially covered by their...
6/14/2023 11:42:40 PM 1 year after Dobbs: Are medical providers and employers still at risk for lawsuits stemming from abortion access, and should they consider the role of liability coverage? By Constance Kang David Cummings The U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization and its progeny have sparked confusion and uncertainty...
6/8/2023 9:33:47 PM Cyber insurance claims: Minimize risk, maximize recovery By Andy Moss Sally Kane Cybercrime, including ransomware, is one of the top challenges facing organizations today. Businesses across the globe are suffering...
5/10/2023 11:00:05 PM Maximizing recovery of pre-notice defense costs: Considerations for policyholders By Eric Toepfer Evan Knott In a world of uncertainty, few things in life are more guaranteed than liability insurers reflexively rejecting claims for pre-notice...
4/27/2023 2:37:49 AM An insurance company’s generic reservation of right can lead to a Waiver of a Late Notice Defense By Anthony Crawford For insurance recovery attorneys, one of the more frustrating ways for a policyholder to lose coverage for a property loss is on the...
4/14/2023 2:17:19 AM California Supreme Court to offer guidance for COVID-19 coverage cases By Ashley Jordan Elizabeth Bowman Courts continue grappling with the application of California insurance law to COVID-19 business interruption claims. After three years of...