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…
Considering the complex structure of commercial insurance programs—typically purchased in annual “towers” of insurance—risk managers and in-house counsel often do not pay sufficient attention to arbitration-related provisions, which the insurance industry is more frequently including in its policies. That’s like playing only one board in a game of three-dimensional chess.…
As of January 13, Southern California’s ongoing wildfires have reportedly destroyed more than 12,000 structures. Insured loss estimates exceed $25 billion, and the strong Santa Ana winds fanning the blazes are expected to continue into Wednesday. Based on decades of experience in prior catastrophes, we know that for some, the…