News & Analysis as of

Municipalities Insurance Litigation

Wiley Rein LLP

Pollution Exclusion Carve-Out Creates Duty to Defend PFAS Remediation Claim

Wiley Rein LLP on

The United States District Court for the Northern District of New York, applying New York law, has determined that an insurer had a duty to defend an insured because a carve-out to the relevant pollution exclusion applied....more

Goldberg Segalla

[Webinar] Insurance Coverage for Wrongful Conviction Claims - April 21st, 12:00 pm - 1:00 pm ET

Goldberg Segalla on

Join Goldberg Segalla’s Adam R. Durst and Richard A. Galbo for an interactive webinar discussing the coverage available for wrongful conviction claims under various types of liability policies, as well as coverage issues...more

Carlton Fields

Look No Further Than the Insuring Clause: Ill-Gotten Gains Do Not Constitute Covered “Loss”

Carlton Fields on

On August 26, 2019, the Eleventh Circuit Court of Appeals, applying Florida Law, held that ill-gotten gains do not constitute covered “loss” within the meaning of a D&O policy. In Philadelphia Indemnity Insurance Co. v. Sabal...more

Butler Snow LLP

Municipal Liability Cap and Insurance

Butler Snow LLP on

Although attempts have been made to expand the meaning of “legally entitled to recover” when the municipal statutory damages cap is involved, plaintiffs have not been successful in recovering beyond the statutory cap in...more

Womble Bond Dickinson

Court Will Not Enjoin Issuance of Land Use Permits Where None Yet Applied

Womble Bond Dickinson on

Any stock brokerage website will tell you that “past performance is not indicative of future results.” The same is true in the context of land use permitting, such that what a municipality “had done” cannot ripen a claim to...more

Stoel Rives - Renewable + Law

Could voluntarily performing environmental cleanup threaten insurance coverage?

Because of the increasing frequency of significant, often multimillion-dollar, environmental claims against businesses and individuals under environmental statutes such as the Comprehensive Environmental Response,...more

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