We are on the cusp of another milestone in the decades-long Montrose Chemical litigation, which has already yielded many important precedents in California on coverage for so-called “long-tail” pollution liabilities. “Long-tail” claims arise under historical comprehensive general, umbrella and excess liability policies for alleged pollution that was in progress through…
Policyholder Pulse
When the Storm Hits the Grid: Insurance Response After Widespread Power Damage
It is nearly five years since the winter storms caused blackouts across Texas, when over four million customers lost power as the ERCOT power grid nearly failed. And while the Texas grid weathered the most recent winter storm, what’s clear is that demand and weather conditions continue to put immense…
Doing Business in Venezuela: Political Risk Insurance Is a Critical First Step
The geopolitical drama unfolding with respect to Venezuela is loaded with opportunity and fraught with political risk arising from both Venezuelan and U.S. government actions. The country is still headed by a regime the U.S. government officially does not recognize, while a government that the United States does recognize stands…
Jurisdiction Everywhere? Mallory’s Evolving Implications for Corporate Policyholders
Insurance coverage disputes often begin with a battle over the appropriate forum for litigation. This can impact matters from the judge and jury who hear the case to the body of state law that governs the coverage issues. The U.S. Supreme Court may have given policyholders (and their opponents) more…
Digging Out from Under Winter Storm Fern: Key Insurance Considerations for Commercial Policyholders
Over the weekend of January 24-25, 2026, Winter Storm Fern struck a vast swathe of the Eastern United States and Canada. The storm is likely to have had—and for some days to come will continue to have—a vast impact on businesses, governments and a host of human activities. According to…
What Policyholders Should Know About Their Insurance When a “New” Long-Tail Risk Emerges: A Practical Checklist
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…
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…