The Northern District of Texas recently issued a pivotal decision for long-tail injury cases. It clarified that under Texas law, excess liability coverage for long-tail injury claims can center on an exposure trigger theory....more
IBM recently filed a declaratory judgment action against multiple insurers seeking coverage for environmental remediation costs. The complaint contains lessons for policyholders facing long-tail environmental exposure claims....more
Lynda A. Bennett, Heather Weaver, and Josh Weisberg of SterlingRisk continue their year-end conversation about what changed in the insurance recovery space in 2024 and what to expect in 2025. Lynda, Heather, and Josh...more
Applying California law, the United States District Court for the Eastern District of California has held that an antitrust exclusion in a D&O policy bars coverage for lawsuits alleging violation of antitrust laws, violation...more
Employees of a subcontractor were injured on a construction project, and they sued the owner and the general contractor. The subcontractor’s excess insurer, Mt. Hawley Insurance Co., disclaimed additional insured coverage to...more
Court Finds That Defense Documents Must Be Produced Because Placed “At Issue” by Late Notice- In this declaratory judgment action, American Empire Surplus Lines Insurance Company sought insurance coverage on behalf of its...more
A business concedes that it made a mistake, but pleads for mercy with the jury and asks for a reasonable amount of damages. A jury ultimately awards $6 million. There are several insurance policies involved. Who is left...more
On February 13, 2018, the Tenth Circuit Court of Appeals reversed a lower court decision, which concluded that, under New York law, the property damage caused by a subcontractor’s faulty workmanship did not qualify as a...more
No one insurance policy covers all liability risks. Risk managers expect to purchase several types or layers of insurance to cover different types of insurance liabilities, to provide sufficient limits for a catastrophe loss,...more
Encryption Flaw "Heartbleed" Creates Data Risk: How Insurance Can Stanch the Bleeding - In early April, news broke of an encryption flaw named “Heartbleed” that exposed companies to data breaches for over two and one...more