Companies in certain industries have years and even decades of experience in defending and resolving “long-tail” liabilities for suits, claims and other proceedings—such as for asbestos-related disease or environmental-related third-party property damage—that involve bodily injuries or property damage spanning multiple years arising out of their historical operations. Insureds who have…
Policyholder Pulse
The 2025 Pillsbury Insurance Policyholder Summit
The annual Pillsbury Insurance Policyholder Summit is once again approaching! Taking place on October 28, this signature event will occur simultaneously in our New York, Houston and San Francisco offices, with live collaboration between locations. The Summit brings together industry leaders and risk management professionals to explore today’s most pressing insurance…
The Hidden Risks of “Per-Occurrence” Self-Insured Retentions in CGL Coverage
General and products liability policies are a cornerstone of risk management for businesses, providing protection against alleged liability because of bodily injury, property damage, and personal or advertising injury claims. These policies are often paired with self-insured retentions (SIRs). Although some policies with SIRs may provide “first dollar” coverage, particularly…
California Appeals Court Reinforces that Insurer Failure to Investigate Potential Bases for Coverage Outside the Pleadings Can Constitute Bad Faith
In the recently published case Bartel v. Chicago Title Insurance Company, a California appellate court reaffirmed longstanding California law on insurers’ broad duty to defend even in the face of complicated underlying facts, finding that failure to investigate all potential avenues for coverage amounted to bad faith as a matter…
Paloma Resources v. Axis Insurance Shows How “The” Can Be the Genuine Article in a Policyholder Defense
It’s said that an ant can carry fifty times its own weight. That’s nothing. A recent decision out of the U.S. Court of Appeals for the Fifth Circuit provides a compelling reminder to policyholders and their counsel: Even the smallest word in an insurance policy—and even the placement of a…
Navigating Insurance Coverage for Customs and FCA Risks in a Shifting Trade Landscape
In a recent post, we briefly explored potential insurance coverage for tariff- and trade-related losses, particularly in the context of escalating global trade tensions and U.S. enforcement trends. Since then, enforcement activity under the False Claims Act (FCA) continues to intensify, particularly around customs compliance. U.S. Customs and Border Protection…
Strength in Numbers—The Class Actions Strategy for Insurance Claims
When wildfires, floods or other disasters strike, multiple policyholders can be affected in similar ways. But historically, each policyholder would take on their insurance company alone—a tough task, especially for individual policyholders and especially when any given policyholder’s claim is dwarfed by the relative legal and financial might of the…
When Politics Disrupt the Flow: What Policyholders Need to Know About Supply Chain and Political Risk Coverage
In today’s volatile global economy, companies are learning the hard way that political shocks—whether through trade sanctions, military conflict or abrupt regulatory change—can wreak havoc on supply chains. And worse, many are discovering that their existing insurance coverage may not offer relief. From soaring oil prices due to Middle East…
The Beginning of the End of an Era? Competition to Delaware’s Supremacy as Corporate Domicile and Implications for D&O Insurance
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, 67.6% of all Fortune 500 companies were incorporated in Delaware, and 80% of IPOs in the U.S. were in Delaware…
Untying the Gordian Knot: The Second Circuit (Re)joins the Fray of Reverse Preemption of International Arbitration Provisions in Insurance Policies
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…