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…
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…
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…
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…
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…
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…