The rare insurance dispute has appeared on the horizon for the nation’s highest court. Last month, the U.S. Supreme Court granted certiorari and agreed to take up the case of Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC
Policyholder Pulse
Policyholder Pulse, published by Pillsbury Winthrop Shaw Pittman LLP, focuses on issues relevant to insurance policyholders, including coverage disputes, risk management strategies, and emerging insurance risks. The blog addresses topics such as long-tail liability claims, self-insured retentions, bad faith claims against insurers, and the interpretation of insurance policy language. It also covers developments in environmental liability, transactional risk insurance, and complex claims management. The content is aimed at helping policyholders navigate insurance challenges and understand evolving legal and regulatory landscapes affecting insurance coverage and claims.
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Insurers Seek to Avoid Coverage for BIPA Claims by Using Old Exclusions for New Purposes
When Illinois enacted the Biometric Information Privacy Act in 2008 (BIPA), the concept of “biometric privacy protection” was foreign to many observers. Yet less than 20 years later, consumers are familiar with the concept of biometric privacy and class action…
Court Finds Insurer May Not Interject Itself Into Plan Negotiations by Invoking Duty to Cooperate
In “Court of Appeals Finds That Insurers May Not Participate in Bankruptcy Negotiations by Invoking an Insured’s Duty to Cooperate,” colleagues James P. Bobotek and Andrew V. Alfano examined a recent ruling by the Fourth Circuit that found,…
The Dangers of Dialogue: Ransomware Attackers Want to See Your Cyber Insurance Policy
Amidst the recent surge in ransomware attacks on U.S. businesses—with crypto criminals and sometimes State actors invading and encrypting computer and operating systems and extorting funds in exchange for the decryption key—one new ploy deserves attention from our perspective as…
A Missing Issue in “Blank Space” Insurance Ruling
Insurance coverage disputes often turn on the meaning of the specific words used in a policy. Norwegian Hull Club v. North Star Fishing Co., currently pending in the U.S. District Court for the Northern District of Florida, presents a twist—it turns…
PFAS Liability and the Need for Coverage
In the last decade, per- and polyfluoroalkyl compounds (PFAS) increasingly have become the subject of actual or potential liability for a widening group of companies, with potential liability arising from both private tort lawsuits and governmental enforcement of environmental laws…
States Show Increased Initiative on PFAS Regulation
In North Carolina, California, Wisconsin and Illinois Sue Companies over PFAS “Forever Chemicals Contamination, colleagues Reza Zarghamee, Mark J. Plumer, Jillian Marullo, Rebecca M. Lee and Ashley L. Meredith examine the lawsuits, along with new state prohibitions and…
The Higher the Value, the Greater the Loss: The Importance of Updating Building Values in Inflationary Times
By Philip He & Colin T. Kemp
Earlier in 2022, CBRE forecasted a 14.1% year-over-year increase in construction costs by year-end 2022, as labor and material costs continue to rise, despite the expectation that overall cost inflation for materials would begin to cool by the end of…
Closing Up the SPAC Shop: Insurance Consequences and Opportunities for Liquidating SPACs
In 2020 and 2021, Special Purpose Acquisition Companies (SPACs) were all the rage. A SPAC is a “blank check company,” publicly traded, and organized for the purpose of merging with a private company. It’s a mechanism for a private…
Casting a Skeptical Eye on Claims of “Social Inflation”
In “Policyholders Are Not to Blame for Social Inflation,” a recent article for Law360, Benjamin Tievsky explains why policyholders should be extremely skeptical of social inflation arguments put forward by the insurance industry.
The post Casting a Skeptical Eye on…