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
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
10/28/2024
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
PA Supreme Court ,
Property Damage ,
Property Insurance
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
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
9/15/2023
/ Conflicts of Laws ,
Declaratory Judgments ,
Duty to Defend ,
Enforcement ,
Extrinsic Evidence ,
Insurance Claims ,
Insurance Industry ,
Jurisdiction ,
Late Notices ,
Liability Insurance ,
Pollution Exclusion ,
Subpoenas ,
Superfund
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
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
8/5/2021
/ Asbestos ,
Asbestos Litigation ,
Duty to Defend ,
Duty to Indemnify ,
Estoppel ,
Insurance Industry ,
Liberty Mutual Insurance Company ,
New York ,
NY Supreme Court ,
Pro Rata Allocation Rule ,
Real Party in Interest ,
Settlement