Sources of Insurance Recovery for Emerging PFAS Claims

This year, the Environmental Protection Agency (“EPA”) issued its first-ever national, legally enforceable drinking water standard to protect communities from exposure to harmful per-and polyfluoroalkyl substances (“PFAS”), also known as “forever chemicals.”[1] In addition, the Food and Drug Administration announced that grease-proofing materials containing PFAS are no longer being sold for use in food packaging […]

New York Expands Business Interruption Coverage for Policyholders

On September 27, 2024, New York Governor Kathy Hochul signed Bill No. A10342 into law, authorizing the issuance of stand-alone business interruption insurance coverage. This bill was introduced and passed in response to the COVID-19 pandemic, which forced many businesses to close temporarily as a result of government shutdown orders. Many affected businesses submitted insurance […]

Florida Legislative Change Extends Completed Operations Tail for Condominium Projects

The Florida Legislature recently passed House Bill 1021 which amended Florida Statute § 718.124. The July 1, 2024 amendment changes Florida’s statute of repose (“SOR”) trigger date for condominium projects. Now, the SOR trigger for existing condominium projects will be governed by Florida Statute §718.124, not Florida Statute § 95.11. Most critically, Florida Statute § […]

Historical Long-Tail Claims in California Subject to a Vertical Exhaustion Rule

California’s complex saga of long-tail injury coverage under general liability policies took an interesting turn in the California Supreme Court’s recent decision in Truck Ins. Exch. v. Kaiser Cement.1  In Truck, the court made it clear that Insureds can access excess policy limits without first exhausting all triggered underlying primary coverage, provided the underlying limits for the same policy period have been exhausted.

A Win for Policyholders: Court Finds Flood Exclusion Inapplicable to Plumbing Leaks Caused by Hurricane Rainfall

A recent decision by a federal court helps clear the path to coverage for property owners this hurricane season. The Court deemed one property policy’s flood exclusion inapplicable to bar coverage for water damage from backed-up drainage and overflow caused by excessive rainfall. The case, styled G.E.M.S. Partners LLC v. AmGUARD Ins. Co., — F.Supp. 3d —, No. CV 22-1664, 2024 WL 3568932 (D.N.J. July 29, 2024)), involved a familiar dispute between the insured and insurer following damage to covered property after a named storm’s heavy rainfall.

Trouble in Illinois for Policyholders Seeking Coverage for BIPA Litigation

Trouble persists for policyholders seeking coverage for Biometric Information Privacy Act (“BIPA”) litigation after the recent decision by the U.S. District Court for the Northern District of Illinois in Westfield Insurance Company v. UCAL Systems, Inc. d/b/a AMTEC PRECISION PRODUCTS, et al.1   The District Court held that the Recording and Distribution of Material of Information of Law Exclusion applies to violations of BIPA and, thus, excludes coverage under Commercial General Liability (CGL) policies with similar exclusionary language.

Insuring Lease/Leaseback Projects

Overview Several states utilize a unique statutory mechanism to allow school districts to finance the construction of public-school facilities. This arrangement (known as a “lease-leaseback agreement”) allows a school district to lease property to a contractor/developer, who then constructs or renovates a school facility on the property. Once the work is completed, the contractor/developer leases […]

For Whom the Equities Toll: Courts Embrace the Equitable Tolling Doctrine to Extend the Deadline to Sue Insurance Carriers for Coverage under their Policies

Despite best intentions, sometimes policyholders encounter challenges adhering to the applicable statute of limitations or their policy’s limitation of suit deadline. In complex insurance claims, identifying, comprehending, and accurately quantifying significant and long-term losses may take several years. Even when all losses are readily apparent, the insurer may invest months or years in scrutinizing the […]

NCAA’s New Post-Eligibility Excess Insurance Program Will Cover Athletes in Any Division for Up to Two Years After Separation from Institution

Effective August 1, 2024, the NCAA will provide excess injury insurance coverage to student-athletes for athletic injuries for two years, beginning on a student-athlete’s date of separation from its member institution. The policy, with a coverage limit of $90,000 per injury and no deductible burden on the athlete, will be issued through Mutual of Omaha […]

Recent Decision Further Jeopardizes Availability of Additional Insured Coverage in New York

Additional insured endorsements often provide “blanket” coverage to persons or organizations as required by a written contract. However, the wording of the “blanket” language is critically important, as the inclusion of certain phrases in an additional insured endorsement can result in a denial of coverage for the upstream party. For example, risk transfer issues can […]

There is No Claims File Privilege in Florida, Despite What Insurers Want You to Think

As Florida insurers continue their attempts to narrow protections for policyholders, it is imperative – now more than ever – that insureds be well-informed and know their rights. Most recently, in Florida, insurers are attempting to weaponize the death of Senate Bill 1726 and House Bill 1287 to limit the documents disclosed to policyholders. Specifically, […]

As the NFL Nears the Endzone, Coverage Uncertainty Awaits – The Insurance Coverage Wake of the NFL Concussion Litigation

On November 21, 2022, in the first case ever to reach a jury against the National Collegiate Athletic Association (“NCAA”), a Los Angeles County jury found the NCAA was not responsible for the death of former University of Southern California linebacker Matthew Gee. Gee played for the Trojans when the team won the Rose Bowl […]