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Insurance Litigation Contamination Insurance Claims

Wiley Rein LLP

Colorado Court of Appeals Permits COVID-19 Coverage Suit to Proceed Based on Health Care Endorsement Coverage

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The Colorado Court of Appeals (Division VI), applying Colorado law, partially affirmed a trial court decision dismissing an action seeking insurance coverage for COVID‑19 related losses. Spectrum Retirement Communities, LLC...more

McGlinchey Stafford

Strategic Risk Mitigation for Insurance Providers Amidst PFAS-Related Environmental Liability

McGlinchey Stafford on

The increasing volume of litigation involving Poly- and Perfluoroalkyl Substances (PFAS) presents substantial financial and operational uncertainties for the insurance sector. Due to their environmental persistence and...more

Morris, Manning & Martin, LLP

Policyholder Lessons from IBM Environmental Remediation Suit Against Insurers

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

Pillsbury - Policyholder Pulse blog

The Latest on PFAS: What Policyholders Need to Know Now

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...more

K&L Gates LLP

Litigation Minute: Emerging Contaminants: Minimizing and Insuring Litigation Risk

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What You Need to Know in a Minute or Less - As the scientific and regulatory landscape surrounding various emerging contaminants shifts, so too do the options that companies can consider taking to minimize and insure against...more

MG+M The Law Firm

PFAS Forecasted to be the Next Asbestos Litigation

MG+M The Law Firm on

Amid a surge of lawsuits nationwide over alleged PFAS-related harms and growing regulatory efforts to curb their production and use, policyholders are grappling with mounting liabilities and unclear insurance coverage...more

Cozen O'Connor

Claims Notes: April 2024

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Some jurisdictions consider the ISO-form "bodily injury" definition to be ambiguous as to whether emotional distress requires physical harm to be bodily injury. Many insurers have amended bodily injury to expressly require a...more

Carlton Fields

Divided Ninth Circuit Finds Toxic Dust From Wildfire Is Not “Pollutant” Under Policy’s Pollution Exclusion

Carlton Fields on

In Wesco Insurance Co. v. Brad Ingram Construction, the Ninth Circuit Court of Appeals reversed a summary judgment ruling in favor of Wesco Insurance Co. after a split panel concluded that toxic dust and debris from a...more

Rivkin Radler LLP

Insurance Update - January 2024

Rivkin Radler LLP on

In our January insurance update, we include three state cases addressing some less common situations. It’s not often that a pollution exclusion is interpreted in the context of an auto policy. But the South Dakota Supreme...more

Cozen O'Connor

Southern District of New York Holds Contamination Exclusion is Ambiguous as Applied to Covid-19 Business Losses

Cozen O'Connor on

The Southern District of New York recently held that a contamination exclusion was ambiguous in the context of Covid-19-related business interruption losses. Accordingly, the court held that the issue was inappropriate to...more

Hinshaw & Culbertson - Insights for Insurers

Insights on the First COVID-19 Coverage Lawsuits

As the number of filings of COVID-19 coverage actions continue to increase, we thought it would be useful to review these cases for our insurer readership so they can better understand the issues and themes that are emerging...more

Farella Braun + Martel LLP

3 Lessons For Calif. Insureds From Late-Notice Rule Decision

In Pitzer College v. Indian Harbor Insurance Company, the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule is a fundamental public policy of...more

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