General and products liability policies are a cornerstone of risk management for businesses, providing protection against alleged liability because of bodily injury, property damage, and personal or advertising injury claims…
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/ Commercial Law & Contracts, Insurance, Products Liability
In the recently published case Bartel v. Chicago Title Insurance Company, a California appellate court reaffirmed longstanding California law on insurers’ broad duty to defend even in the face of complicated underlying facts,…
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/ Commercial Law & Contracts, Insurance, Real Estate - Commercial, Real Estate - Residential
It’s said that an ant can carry fifty times its own weight. That’s nothing. A recent decision out of the U.S. Court of Appeals for the Fifth Circuit provides a compelling reminder to policyholders and their counsel: Even the…
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/ Civil Procedure, Commercial Law & Contracts, Insurance
In a recent post, we briefly explored potential insurance coverage for tariff- and trade-related losses, particularly in the context of escalating global trade tensions and U.S. enforcement trends. Since then, enforcement…
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/ Insurance, International Law & Trade
When wildfires, floods or other disasters strike, multiple policyholders can be affected in similar ways. But historically, each policyholder would take on their insurance company alone—a tough task, especially for individual…
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/ Civil Procedure, Insurance
In today’s volatile global economy, companies are learning the hard way that political shocks—whether through trade sanctions, military conflict or abrupt regulatory change—can wreak havoc on supply chains. And worse, many are…
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/ Commercial Law & Contracts, Insurance, International Law & Trade
Delaware has long been the leading jurisdiction in which companies incorporate. According to Delaware’s published statistics from 2023…
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/ Business Organizations, Insurance, Securities Law
The Second Circuit Court of Appeals has weighed in (again) on a still unsettled issue in the realm of insurance law: whether arbitration provisions in insurance policies issued by foreign insurers are enforceable notwithstanding…
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/ Alternative Dispute Resolution (ADR), Insurance, International Law & Trade
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 substance…
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/ Environmental Law, Insurance, Toxic Torts
In today’s fast-paced and increasingly unpredictable global environment, large enterprises face mounting risks—natural catastrophes, climate-related disruptions, supply chain breakdowns and emerging digital threats. Traditional…
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/ Business Organizations, Energy & Utilities, Finance & Banking, Insurance
We have previously written on the evolving risks associated with PFAS—also known as “forever chemicals”—and their implications for policyholders navigating environmental liabilities involving both PFAS and PFAS-related chemicals…
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/ Environmental Law, Insurance, Toxic Torts
Since President Trump took office on January 20, 2025, the administration has implemented significant changes to U.S. trade policy, including most notably with respect to tariffs. Within weeks of taking office, the White House…
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/ Construction Law, Insurance, International Law & Trade
Since taking office, President Trump has issued sweeping executive orders targeting Diversity, Equity, and Inclusion (DEI) initiatives across federal agencies and directing agencies to take action to encourage private…
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/ Civil Rights, Government Contracting, Insurance, Nonprofit Law
Policyholders, don’t lose track of the appraisal provision in your insurance policies. At least that is what the panel in 50 Exch. Terrace LLC v. Mt. Vernon Specialty Ins. Co. seemed to be saying. There, the Ninth Circuit Court…
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/ Civil Procedure, Commercial Law & Contracts, Insurance
Considering the complex structure of commercial insurance programs—typically purchased in annual “towers” of insurance—risk managers and in-house counsel often do not pay sufficient attention to arbitration-related provisions,…
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/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Insurance
