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Waiving a Liability Insurer’s Right to Subrogation – Is it Appropriate?

When it comes to negotiating the insurance and risk-shifting terms of any garden variety business contract, the oft-used but rarely understood—or vaguely understood— “waiver of subrogation” arguably takes the lead for...more

Does the Pennsylvania Supreme Court’s Holding in Ungarean, Represent the End of the War Over Insurance for Covid Losses or Just...

The Pennsylvania Supreme Court recently rendered its eagerly awaited decision in Ungarean v. CNA et al., declaring that losses resulting from Covid-related governmental closure orders were not covered by business interruption...more

Arrowood Indemnity Company Enters Liquidation - Important Deadlines and Implications for Policyholders

The Delaware Court of Chancery entered an order placing Arrowood into liquidation on November 8, 2023 and set the proof of claim deadline for January 15, 2025. Arrowood was formed in 2006 to take on Royal Sun Alliance’s...more

The Impact of Conflict of Law on Insurance Claims

When determining whether insurance coverage exists for a claim, a crucial consideration is whether the claim involves an event or occurrence that took place in a state other than where the relevant policy was delivered. This...more

COVID Insurance Cases Highlight Federal-State Court Tension

The coronavirus pandemic has spawned an unprecedented nationwide explosion of insurance coverage litigation. Nothing calls to mind an event triggering over 2,000 and counting similar lawsuits spread over most of the 50 states...more

New York Asbestos Ruling Could Change Insurers Approach

Although many companies that historically used asbestos in their products have gone bankrupt, there are still many that have managed to survive. How? In some — perhaps many — cases, the answer may be due in no small part to...more

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