United States: Insurance Laws and Products

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Insurance law and insurance regulation thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as reinsurance, insurance law and insurance products.
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Managing Construction Risk Through Contracts, Insurance And Early ADR
Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.
United States Litigation
J
JAMS
Article
Defend Now, Allocate Later? An Unresolved Tension In Colorado Construction Law
Colorado law has long distinguished between the duty to defend and the duty to indemnify in litigation, but the state's construction anti-indemnity statute creates an unresolved tension with this traditional framework. When construction agreements are governed by statutory limits on risk transfer tied to proportional fault, how does a present duty to defend operate before that fault has been determined? This intersection of established legal principles awaits definitive appellate guidance.
United States Litigation
Higgins, Hopkins, McLain & Roswell, LLC
Article
Ohio Supreme Court Reinforces Finality Of Binding Insurance Appraisals
The Supreme Court of Ohio has issued a landmark decision reinforcing the finality of binding insurance appraisal awards, establishing that courts will only set aside such awards in exceptional circumstances involving fraud or manifest mistake. The ruling clarifies the stringent pleading requirements parties must meet when attempting to challenge completed appraisals, particularly when alleging newly discovered property damage. This decision has significant implications for how property insurance disputes ar
United States Insurance
DS
Dinsmore & Shohl
Article
Third Circuit Rules ERISA Bars Provider Defamation Suit Against Cigna Subsidiary
A three-judge panel of the U.S. Court of Appeals for the Third Circuit has ruled that ERISA preempts state defamation claims against employee benefit plans. The decision arose from a case where a doctor sued Cigna's subsidiary over explanation of benefits notices that allegedly damaged his reputation by stating claims were denied because services were provided by unlicensed healthcare providers.
United States Employment
HB
Hall Benefits Law
Article
New Jersey Supreme Court Clarifies Scope Of Consumer Fraud Act Liability For Insurance Brokers
The New Jersey Supreme Court has issued a landmark ruling that insurance brokers can be held liable under the state's Consumer Fraud Act for deceptive practices, including failing to procure adequate coverage or misleading clients about policy scope. This decision opens the door for policyholders to pursue treble damages and attorneys' fees against brokers who engage in misleading conduct, while simultaneously placing new compliance burdens on insurance professionals.
United States Insurance
BT
Barnes & Thornburg LLP
Article
Property Insurance: Broadly Worded Water Exclusions Can Defeat Cover Regardless Of How The Loss Is Framed
A United States court has ruled that a broadly worded water exclusion in a businessowners property insurance policy defeated a jewellery business's claim for storm-related water damage. The decision demonstrates how insurers can successfully rely on comprehensive exclusions that capture multiple related perils, even when policyholders attempt to characterize their losses under a different mechanism.
United States Insurance
AA
Adams & Adams
Article
Courts Reinforce Limits On Insurers’ Efforts To Avoid Coverage
Two recent appellate decisions demonstrate critical limits on insurance companies' attempts to deny coverage through exclusions and defenses. The Pennsylvania Supreme Court rejected insurers' effort to create a judicially-imposed exclusion for sex trafficking claims that was never written into their policies, while a New Jersey court reinforced that insurers—not policyholders—bear the burden of proving exclusions apply.
United States Insurance
LS
Lowenstein Sandler
Article
Delaware Superior Court Holds That SEC Disgorgement Is Not Excluded As A Penalty Nor Uninsurable As A Matter Of Law
The Delaware Superior Court recently issued a significant ruling on insurance coverage for SEC disgorgement, determining that such payments are neither automatically excluded as civil penalties nor categorically uninsurable under Delaware law. This decision has important implications for directors and officers liability insurance policies and the scope of coverage available for regulatory enforcement actions. The court's analysis focused on specific policy language and established legal principles governing
United States Insurance
SR
McDermott Will & Schulte
Article
Professional Liability: Consent-to-Settle Clauses And The Risk Of Settling Without All Insureds’ Consent
A U.S. court has ruled that a professional liability insurer breached its policy by settling a claim against one insured without obtaining consent from all other insureds named under the same policy. The decision hinged on the interpretation of an ambiguous consent-to-settle clause, which the court construed against the insurer under the contra proferentem principle, leaving insurers with important lessons about drafting multi-insured policies.
United States Insurance
AA
Adams & Adams
Article
Episode 6: The Deepfake Defense Game Plan: Using IP Law To Fight AI Impersonation (Podcast)
Explore how cyber insurance is evolving to address emerging threats like AI-driven deepfakes, ransomware attacks, and geopolitical cyber conflicts. Industry experts discuss the challenges of adapting traditional insurance frameworks to cover synthetic media impersonation, war exclusions in digital warfare, and the critical role of leadership in ransomware response.
United States Insurance
WR
Wiley Rein
Article
IRS Fixes The ‘1035 Exchange Trap’: What Life Settlement Funds And PPLI Users Need To Know Now
The IRS has finalized regulations addressing an unintended consequence of 2019 rules that threatened to convert tax-free Section 1035 life insurance exchanges into reportable policy sales. These new regulations eliminate a compliance trap that has complicated portfolio management for life settlement funds and private placement life insurance users since the Tax Cuts and Jobs Act introduced reportable policy sale requirements.
United States Tax
KM
Katten Muchin Rosenman LLP
Article
Cotney Discusses The Evolving Legal Trends In Roofing And Construction
Adams & Reese Partner Trent Cotney discusses critical legal trends affecting roofing and construction contractors, including evolving contract terms, insurance market restrictions, OSHA enforcement, and reputation management strategies. The conversation provides practical guidance on navigating pay-if-paid clauses, indemnity obligations, and the changing landscape of storm-related insurance work.
United States Real Estate
Aa
Adams and Reese
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