The Illinois Supreme Court has teed up a significant insurance question: Does a standard pollution exclusion bar coverage when the alleged “pollution” was not considered to be pollution when the policy issued—where the...more
As temperatures in the Northeast have made it feel more like winter than spring, it’s only fitting that we begin our April Insurance Update with a case from Alaska. There, the Alaska Supreme Court decides for the first time...more
Concerns surrounding plastic, particularly microplastics and synthetic microfiber, pollution are growing. As federal and state governments continue to focus on this issue, lawsuits seeking to hold companies accountable for...more
We touch upon various issues in our August insurance update. The Supreme Judicial Court of Massachusetts considers the meaning of “surface waters” and whether the sublimit for floods applies when pooled water on a roof...more
Paraco Gas Corporation purchased an insurance policy for Directors, Officers and Private Company Liability (“D&O”) from Ironshore Indemnity, Inc. that covered certain acts of Paraco’s officers and directors. Paraco...more
It’s not often that the U.S. Supreme Court weighs in on insurance issues. That’s because the McCarran-Ferguson Act gives states the primary authority to regulate the business of insurance. So when the Supreme Court speaks on...more
Insurers often include exclusions within their liability policies to prohibit coverage for claims arising out of pollution exposure. The exact wording of the exclusion can differ significantly, but the key issue is whether...more
Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most...more
When determining whether insurance coverage exists for a claim, a crucial consideration is whether the claim involves an event or occurrence that took place in a state other than where the relevant policy was delivered. This...more
Courts were in full swing deciding insurance coverage issues over the past month or so. Here are a few that caught our attention. The Louisiana Supreme Court became the latest state supreme court to find no coverage for...more
In my last blog, I noted that there is no case law under CERCLA analyzing whether an insurer may rely upon the absolute pollution exclusion to avoid the duty to defend where a complaint for cost recovery alleges joint and...more
Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics...more
Two recent decisions by courts denying motions to dismiss brought by insurers against insureds seeking COVID-19 business interruption coverage could be harbingers for other such decisions due to their focus on the...more