When a general contractor or project owner tenders a claim under a subcontractor’s Commercial General Liability (CGL) policy for additional insured coverage, the insurer’s first basis for denying coverage is often to argue that the CG 20 10 endorsement covers
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The Data Center Boom and D&O Insurance: Navigating Uncharted Liability Exposure in a High-Growth Industry
The global data center industry is experiencing unprecedented growth. According to Fortune Business Insights, the global data center market reached $269.79 billion in 2025. This market is projected to grow to $300.64 billion in 2026, and then more than double
Parent Company Beware: Subsidiaries’ Fidelity Bond Claims May Belong to FDIC in Receivership
In March 2023, we wrote about the failure of Silicon Valley Bank (“SVB”) and potential implications of its takeover by the Federal Deposit Insurance Company (“FDIC”). As we noted then, the FDIC, as receiver for SVB, has broad discretion
When Your D&O Insurer Wants Its Money Back — With Interest
Most policyholders purchasing directors and officers (D&O) liability insurance never contemplate the possibility that their insurer will one day demand repayment of advanced defense costs, let alone seek interest on top of repayment. Although many D&O policies preserve an insurer’s
RWI in Practice: A 7-Part Series for Deal Professionals
PART 3: Tips for Negotiating Key Policy Terms
Introduction
Representations and warranties insurance policies are often viewed as relatively standardized products. While many policies share common structures and core provisions, important differences frequently exist beneath the surface. As a result,
Virginia Green-Lights Retail Cannabis: Coverage Implications for the Cannabis Industry
On June 29, 2026, Virginia’s $207 billion budget bill became law, bringing a retail cannabis framework that authorizes licensed sales beginning July 1, 2027. Businesses entering this market should be prepared for unique insurance challenges, as no Virginia court has
RWI in Practice: A 7-Part Series for Deal Professionals
PART 2: Diligence and Coverage
Introduction
One of the foundational assumptions underlying representations and warranties insurance (“RWI”) is that the buyer has conducted a reasonable diligence process prior to closing. Although RWI is designed to transfer certain post-closing risks to
RWI in Practice: A 7-Part Series for Deal Professionals
PART 1: Representations & Warranties Insurance in Today’s Deal Market: Why It Matters More Than Ever
Introduction
Representations and warranties insurance (“RWI”) has rapidly evolved from a niche product used in select transactions to a near-standard feature in middle-market private
Maximizing Insurance Coverage for Emerging ‘Tobacco Surcharge’ ERISA Litigation
Employers nationwide are experiencing a new wave of ERISA litigation targeting so-called “tobacco surcharges” on employees enrolled in employer-sponsored health plans. Because these lawsuits are generally brought as putative class actions, the stakes can be significant and some multi-million dollar
Insurance Industry’s Use of AI: A Fair or Unfair Claim Settlement Practice?
The insurance industry has been swift to adopt artificial intelligence (“AI”). According to consulting firm McKinsey & Company, 76% of insurers surveyed have already begun using generative AI in their day-to-day operations. [1] This adoption spans the different facets of