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
Policyholder Pulse
Insurance Coverage Considerations for Tariff and Trade-Related Losses
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…
How Trump’s DEI Rollback Affects Nonprofits and How to Protect Your Organization
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…
The Ninth Circuit Wants Everyone to Stop Forgetting About the Appraisal Provision
By Colin T. Kemp & Colin Davis
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…
Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs
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…
Southern California’s Wildfire Disaster: Immediate Insurance Considerations
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.
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Contra Proferentem: Can Insureds Be Forced to Waive Its Protection?
Contra proferentem is a foundational legal principle with particular importance in insurance law. It mandates that any ambiguities in an insurance policy are construed against the insurer and in favor of the insured. The doctrine recognizes that insurance policies generally…
Avoiding a Coverage Glitch: Closing Potential Gaps in Cyber Insurance Coverage
Over the past decade, technological innovations have quickly transformed how companies operate their IT infrastructure. Traditional on-site servers and hardware have often been replaced or supplemented by off-site solutions such as cloud computing, SaaS (Software-as-a-Service), virtualized servers, or “Bring Your…
Fifth Circuit Reminds Policyholders to be “Not Less Than” Careful when Drafting Master Service Agreements
Just as the oilfield fuels the modern economy, master service agreements (MSAs) fuel the modern oilfield. But while almost every MSA contains indemnity and insurance clauses, experienced oilfield lawyers will advise their clients that no two are identical. Determining how…
Evaluating Business Interruption Claims Following Helene and Milton
Quantifying a policyholder’s business interruption loss in the wake of wide-impact catastrophic events is a contentious issue, as methods of calculating business interruption losses vary by jurisdiction and policy language.
In “Hurricanes Helene and Milton: Evaluating Business Interruption Claims…