News & Analysis as of

Duty to Indemnify Denial of Insurance Coverage Declaratory Judgments

Kennedys

Two sides of the same coin: Sixth Circuit announces new jurisdictional standard for “mixed” insurance coverage actions

Kennedys on

As litigation relating to PFAS exposure grows significantly across the US, companies have increasingly requested that their insurance carriers cover related defense and indemnity costs. The recent PFAS decision in Fire-Dex,...more

Zelle  LLP

Opioid Case May Guide Climate Change Insurance Suits

Zelle LLP on

The rising tide of climate change lawsuits is sure to bring with it a wave of declaratory judgment actions on the issue of whether liability insurers have an obligation to defend fossil fuel producers and other climate change...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Absolute Pollution Exclusion/Quarry Operations: Federal Appellate Court Addresses Coverage for Unplanned Discharge of Rock Fines

The United States Court of Appeals for the Fifth Circuit (“Court”) addressed in a January 17th opinion a company’s umbrella insurance policy’s absolute pollution exclusion. See Eastern Concrete Materials, Inc., v. Ace...more

Carlton Fields

A Lesson in Sticking to Your Guns: Court Reverses Course and Finds No Duty to Defend or Indemnify on a Motion for Reconsideration

Carlton Fields on

On May 1, 2019, the U.S. District Court for the Middle District of Georgia held that a firearms exclusion in a general liability insurance policy applied to bar coverage for an underlying action arising from a shooting at the...more

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