CONTRIBUTION Chem. Solvents, Inc. v. Greenwich Ins. Co., 2023 U.S. App. LEXIS 868 (6th Cir. Jan. 13, 2023) A divided Sixth Circuit panel holds that, under Ohio’s “all sums” allocation…
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Fourth Circuit Holds That Cooperation Clause Does Not Apply to Insured’s Conduct in Negotiating Bankruptcy Plan
In Hanson Permanente Cement, Inc. v. Kaiser Gypsum Co. (In re Kaiser Gypsum Co.), ____ F. 4th ____, 2023 U.S. App. LEXIS 3482 (4th Cir. Feb. 14, 2023), the Fourth…
Top Developments – December 2022
ALLOCATION Radiator Specialty Co. v. Arrowood Indem. Co., 2022 N.C. LEXIS 1122 (N.C. Dec. 16, 2022) North Carolina Supreme Court, in a divided decision, applies an “exposure trigger” and pro-rata…
Top Developments – November 2022
Top developments in assault and battery exclusion, climate change, contamination exclusion, no broker, duty to defend, intentional acts, no “occurrence”, and more.
A Changing Climate: The Rising Tide of ESG Liability and Implications for D&O Coverage
By: Celestine Montague and Christopher M. Quinlan The latest legal buzzword, ESG, represents the environmental, social and governance factors that many corporations are now required to consider and disclose alongside…
Pennsylvania Federal Court Finds No Coverage for Hacking Claim Under E&O Policy
By: Celestine Montague and Paul A. Briganti On June 9, 2022, the U.S. District Court for the Eastern District of Pennsylvania held, o summary judgment, that an insured was not…