Delaware has long been the leading jurisdiction in which companies incorporate. According to Delaware’s published statistics from 2023 : Delaware surpassed two million total business entities domiciled in the state, 6% of all Fortune 500 companies were incorporated in Delaware, and 80% of IPOs in the U.S. were in Delaware…
The Second Circuit Court of Appeals has weighed in (again) on a still unsettled issue in the realm of insurance law: whether arbitration provisions in insurance policies issued by foreign insurers are enforceable notwithstanding states’ anti-arbitration statutes? If they are, coverage disputes between policyholders and insurers are likely to be…
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 substance was lawfully emitted under an environmental permit? The court accepted a certified question from the Seventh…
In today’s fast-paced and increasingly unpredictable global environment, large enterprises face mounting risks—natural catastrophes, climate-related disruptions, supply chain breakdowns and emerging digital threats. Traditional insurance has long been the foundation of risk management, offering indemnification based on losses incurred. But a new model is gaining traction: parametric insurance. Unlike traditional…
On April 24, 2025, the California Supreme Court in New England Country Foods, LLC. v. VanLaw Food Products, Inc., issued an opinion by Justice Lius holding that California Civil Code section 1668 “invalidates limitations on damages for willful injury to the person or property of another.” The court made its…
Colleague William McMichael recently won the 2025 Franklin Jones Best CLE Article Award for “So You’ve Got a Verdict…What Now?! Post-Verdict Procedure and Practice Tips for Texas Insurance Lawyers.” McMichael’s article offers a practical roadmap for Texas insurance lawyers navigating the complex post-verdict landscape. Specifically, it addresses critical issues such…
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 chemicals (i.e., fluorinated chemicals that do not fit the definition of PFAS). Our prior analyses explored coverage strategies and regulatory enforcement trends. With…
Since President Trump took office on January 20, 2025, the administration has implemented significant changes to U.S. trade policy, including most notably with respect to tariffs. Within weeks of taking office, the White House announced changes to tariffs on steel and aluminum which placed a tariff of 25% on all…
Since taking office, President Trump has issued sweeping executive orders targeting Diversity, Equity, and Inclusion (DEI) initiatives across federal agencies and directing agencies to take action to encourage private organizations to follow suit. On January 20, 2025, President Trump signed executive orders (EOs) titled Ending Racial and Wasteful Government DEI…
Policyholders, don’t lose track of the appraisal provision in your insurance policies. At least that is what the panel in 50 Exch. Terrace LLC v. Mt. Vernon Specialty Ins. Co. seemed to be saying. There, the Ninth Circuit Court of Appeals affirmed the district court’s dismissal of policyholder-plaintiff’s case for non-payment…