News & Analysis as of

Commercial Insurance Policies

Bradley Arant Boult Cummings LLP

Maryland High Court Ruling Clarifies Claim Assignment

A policyholder's ability to assign its rights to insurance proceeds can be an effective tool of risk mitigation. However, insurance policies often incorporate assignment clauses, which require policyholders to obtain their...more

Hogan Lovells

UK Insurance Horizon Scanner – September 2025

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A snapshot of key market and regulatory developments expected to impact the UK insurance sector between now and the end of the year. ...more

Pillsbury - Policyholder Pulse blog

The Hidden Risks of “Per-Occurrence” Self-Insured Retentions in CGL Coverage

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....more

Schwabe, Williamson & Wyatt PC

FAR Council Issues Updates to Parts 28, 30, and 48

The FAR Council is undertaking a systematic approach to revising the FARs. On August 15, 2025, it released its revisions to FAR Part 28, Bonds and Insurance, FAR Part 30, Cost Accounting Standards Administration, and FAR Part...more

J.S. Held

When the Smoke Clears: Business Interruption Claims from Wildfire Evacuations Without Physical Damage

J.S. Held on

Over the past three to four summers, the insurance industry has seen a significant increase in wildfire evacuation claims (also known as civil authority). The Insurance Bureau of Canada ranked the summer of 2024 as the...more

Potomac Law Group, PLLC

Insuring Success: How Contractual Insurance Provisions Safeguard Your Business Deals

When negotiating your organization’s contracts, you may be tempted to assume that including an insurance provision requiring your counter-party to maintain adequate policies covering their obligations to you is relatively...more

Zelle  LLP

Western District of Texas Batches Thousands of Stucco Claims into Single Occurrence Pursuant to “Single Occurrence Clause”...

Zelle LLP on

Meritage Homes of Texas, Florida, and Meritage Homes Corporation (collectively, “Meritage”), a national residential homebuilder, brought suit against its umbrella insurer, AIG Specialty Insurance Company (“AIG”), over...more

Zelle  LLP

Rescission: Timing Matters Under Texas Law

Zelle LLP on

As discussed in an article Zelle drafted in November 2023, "Viewpoint: Non-renewal, Cancellation, Reformation and Rescission of Insurance Policies in Texas", an insurer that wishes to rescind an insurance policy on the basis...more

Pillsbury - Policyholder Pulse blog

Paloma Resources v. Axis Insurance Shows How “The” Can Be the Genuine Article in a Policyholder Defense

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...more

Cozen O'Connor

Court Interprets “Completion” of a Project Under Builder’s Risk Insurance

Cozen O'Connor on

In Luke, Inc. v. Berkley National Insurance Company, 2025 WL 2210783 (W.D. Tenn. 2025), the United States District Court for the Western District of Tennessee determined that the “completion” of a construction project for...more

Amundsen Davis LLC

AI Issues in the Commercial Auto Policy: The Insurer’s Perspective

Amundsen Davis LLC on

The introduction of artificial intelligence into commercial vehicles has revolutionized the insurance marketplace. Conventional thinking runs that this technology will be beneficial for insurers. For example, AI-enhanced dash...more

Morgan Lewis

New Restatement Rule Expands Vicarious Liability for Employee Sexual Misconduct

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The American Law Institute approved a controversial new provision of the Restatement of Torts, Third expanding vicarious liability to employers for certain sexual assaults committed by employees against third parties who are...more

Zelle  LLP

When Failure To Satisfy Insured Duty Is Fatal To Texas Claims

Zelle LLP on

Virtually every insurance policy contains specific duties required of an insured in the event of loss. Typically, an insured's duties, which may be modified by endorsement, include claim reporting or claim notice...more

Wiley Rein LLP

Lawsuits Alleging Misconduct Based on Flawed Testing Procedures Deemed Not “Related Claims”

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The United States District Court for the Eastern District of Virginia, applying Virginia law, has held that two lawsuits alleging misconduct based on flawed drug testing procedures performed by the insured do not constitute...more

Ward and Smith, P.A.

Legal Considerations for Insuring an Equine Business: Guidance for Boarding Stables and Event Hosts

Ward and Smith, P.A. on

For these businesses, insurance is one of those risk management tools that plays a critical role in protecting business assets, safeguarding against liability, and facilitating continuity of business operations in the event...more

Haynes Boone

Torrential Rains and Insurance Claims: When Exclusions and Limitations On ‘Flood’ Coverage May Not Apply

Haynes Boone on

With five months to go, 2025 is already the year of the flash flood in the United States. To date, the National Weather Service has issued more than 3,600 flash flood warnings across the United States in 20251...more

Cozen O'Connor

Southern District Court of New York Permits Extensive Discovery of Reserve And Reinsurance Information in Bad Faith Litigation

Cozen O'Connor on

In Mandarin Oriental, Inc. v. HDI Glob. Ins. Co. et al., Civil Action No. 23 Civ. 4951, 2025 WL 1638071 (S.D.N.Y. June 10, 2025), the District Court of the Southern District of New York followed the modern trend and allowed...more

Troutman Pepper Locke

Connecticut Updates Its Captive Insurance Laws

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Effective October 1, 2025, Public Act No. 25-130 amends Connecticut’s captive insurance laws. Important amendments under the act include...more

Ballard Spahr LLP

Oregon Repeals Statewide Wildfire Hazard Map and Mitigation Requirements

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Following outcry from rural Oregon property owners faced with stricter building codes and fewer insurers willing to write fire policies, Governor Tina Kotek has signed two measures to address wildfire risks in the state. One...more

Proskauer - Health Care Law Brief

No Surprises Here!  Payers Push Back on IDR Submissions, Opening New Front in NSA Implementation Landscape

On May 27, 2025, Blue Cross Blue Shield Healthcare Plan of Georgia (“BCBSGA”) sued several emergency physician groups and their billing agent, Halo MD, alleging abuse of the No Surprises Act’s (“NSA”) independent dispute...more

Troutman Pepper Locke

Connecticut Extends Flex-Rate Filing Provisions Until July 1, 2030

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On July 2, 2025, the Connecticut Insurance Department (Department) issued Bulletin PC-92-25 (Bulletin), addressed to “all companies licensed to write property and casualty insurance.” The Bulletin rescinds and replaces...more

Rivkin Radler LLP

Advisory Council Recommends Amending NY’s Commercial Division Rules

Rivkin Radler LLP on

The Administrative Board of the Courts is seeking public comment on a proposal by the Commercial Division Advisory Council to amend the Commercial Division rules (22 NYCRR § 202.70) to clarify what types of insurance cases...more

Woodruff Sawyer

Life Sciences Insurance: Navigating Risk from Lab to IPO

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In our new webinar series, Risk Management for Your Life Sciences Company, we discuss the insurance and risk management milestones life science companies should prepare for as they move from early funding through clinical...more

Rivkin Radler LLP

June 2025 Insurance Update

Rivkin Radler LLP on

We’ve selected five recent insurance decisions for this month’s update. Foreign insurers will be pleased with the Second Circuit’s revamped view of the New York Convention. In finding that the international treaty is...more

Troutman Pepper Locke

Florida Bill Eliminating the Surplus Lines Diligent Effort Requirement and a Discussion on Surplus Lines Regulation Trends

Troutman Pepper Locke on

On June 13, Florida Gov. Ron DeSantis signed House Bill 1549 into law. Among other things, the bill has removed the “diligent effort” requirement applicable to surplus lines agents....more

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