News & Analysis as of

Commercial Insurance Policies Contract Terms

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

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

Amundsen Davis LLC

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

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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

Benesch

Cargo Loss and Damage Liability in eVTOL and UAV Transportation

Benesch on

Electric vertical takeoff and landing aircraft (eVTOLs) and Unmanned Aerial Vehicles (UAVs or, colloquially, drones) are increasingly being integrated into supply chains. ...more

McGinnis Lochridge

Insurance Producer Exposure When Procuring Cover for Sophisticated Clients

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Generally speaking, insurance producers face fairly routine obligations when procuring cover. Every state imposes a general duty to exercise that degree of care, skill and diligence a reasonable producer would exhibit to his...more

BCLP

Shifting Contractual Risks and Managing Electronic Contracts

BCLP on

In this Insight, Shy Jackson takes a look at the decision of John Sisk and Son Limited v Capital & Centric (Rose) Limited [2025] EWHC 594 (TCC) where the court had to grapple with interpreting a contract which was kept on a...more

Rivkin Radler LLP

March 2025 New York Insurance Coverage Law Update

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The owners of a warehouse leased it to a commercial tenant to operate a photography studio. The lease required the tenant to procure insurance for the owners and to indemnify them for the negligent acts of the tenant’s...more

Marshall Dennehey

Fourth District Court of Appeal Rules Policy Endorsement Prevails Over Main Policy in Case of Conflict

Marshall Dennehey on

Colony Insurance Company v. Titan Restoration Construction, Inc., Fla. 4th DCA, No. 4D2023-2908, January 8, 2025 - Colony Insurance Company’s insurance policy with the general contracting company, Titan Restoration...more

Rivkin Radler LLP

February 2025 New York Insurance Coverage Law Update

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The insured is a Texas-based hotel operator. A windstorm damaged one of its hotels in Texas and three months later the insured reported the loss to Mt. Hawley Insurance Company, its commercial property insurer. The policy...more

Carlton Fields

Square Peg, Round Hole: 6th Circuit Affirms Finding That Cyber Claims Are Not Covered by CGL Policies

Carlton Fields on

In Home Depot Inc. v. Steadfast Insurance Co., Home Depot learned the hard way a rule every DIY enthusiast knows: measure twice, cut once. It appears Home Depot’s measurements were off when it sized up its insurance needs,...more

Zelle  LLP

The Aftermath of Covid-19 – New York’s Expansion of Business Interruption Coverage

Zelle LLP on

It is without question that Covid-19 affected the insurance industry worldwide resulting in substantial litigation commenced by insureds to recoup losses linked to government mandated shutdowns for nonessential businesses....more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2024

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An owner, general contractor (GC) and subcontractor (Sub) were sued by injured workers at a construction site, and they were defended by the Sub’s insurer, U.S. Specialty Insurance Company. U.S. Specialty tendered their...more

Jones Day

Delaware Court Rejects Application of D&O Policy's "Bump-Up" Exclusion to Securities Claim Settlement

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In a significant victory for policyholders, the Delaware Superior Court rejected three insurers' attempts to apply their Directors and Officers Liability ("D&O") policies' so-called "bump-up" exclusion to bar coverage for...more

Stoel Rives LLP

Negotiating Insurance Provisions for Commercial Landlords

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When commercial landlords negotiate leases with prospective tenants, they understandably focus on key commercial terms, such as rental rate and renewal options. While that focus is justified, landlords should never overlook...more

Bricker Graydon LLP

Key Clauses to Focus on in Local Government Contracts

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When drafting and reviewing local government contracts, it’s imperative that legal counsel understand what language to focus on. There are a number of terms and conditions which political subdivisions cannot agree to under...more

Holland & Knight LLP

What Representations & Warranties Insurance Can Do for Your M&A Deals in Latin America

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In recent years, the use of representations and warranties insurance (RWI) in mergers and acquisitions (M&A) transactions has experienced dramatic growth worldwide. Consequently, deal participants in Latin America are showing...more

Latham & Watkins LLP

Avoiding Buyer’s Remorse in M&A Deals

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Changing market dynamics have led buyers to assess available options to address post-closing target company issues. Amid the buoyant market of 2021 and early 2022, compressed deal timelines and frenzied competition...more

Gray Reed

Insurance Coverage Not Limited by a Texas Service Agreement

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As you negotiate your master service agreements are you confident that you know how insurance choices might affect indemnity obligations? Me neither. That’s why I turn to my Gray Reed partner Darin Brooks and his insurance...more

Woodruff Sawyer

Transactional Risk in 2023: A Guide to Insurance Trends and Due Diligence

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As we move deeper into the 2023 deal landscape, one thing is abundantly clear: Deal flow has experienced a significant slowdown over the last few quarters. According to PWC, private equity deal volume declined 22% during the...more

Woodruff Sawyer

R&W Claims 101: Factors to Consider Before Filing a Claim

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Mergers and acquisitions have many moving parts, both before the transaction is completed and after the deal has closed. Having a reps and warranties insurance policy can make things easier for an insured if problems arise...more

Woodruff Sawyer

R&W Claims 101: A Claims Primer for RWI Policies

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Just as representations and warranties (R&W) policies are very different from most other insurance products, so too are R&W claims, as they of course arise out of the terms of the policy. These policies provide coverage for a...more

Woodruff Sawyer

Transactional Risk in M&A and Private Equity: Insurance Trends in 2022

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Part of every transaction’s due diligence process is the insurance and risk management workstream. Insurance and employee benefits due diligence is becoming more and more important to private equity firms looking to protect...more

Farrell Fritz, P.C.

Free Rein Venue Choices? Not So Fast Says the Commercial Division

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The principles of jurisdiction and venue are paramount when determining not only where a proceeding will be conducted, but also which particular laws will govern the proceeding. ...more

Vinson & Elkins LLP

[Webinar] Navigating Post-Covid Diligence Issues in M&A Transactions - September 24th, 10:00 am - 11:00 am CT

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The COVID-19 pandemic and the accompanying market downturn have resulted in widespread uncertainty felt on a global scale – including in the M&A space. This webinar will explore ways M&A transactions – particularly due...more

Sullivan & Worcester

Meeting the Challenges Covid-19 Poses for Trade Finance Transactions: Key Issues to Consider When Making Amendments and Waivers

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This article is the second in a series looking at how to address some of the issues affecting trade finance documentation and transactions in the current climate. The first article in this series analysed some of the...more

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