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.
Article
CARB Provides New Guidance On SB 253 Reporting
On July 21, the California Air Resources Board (“CARB”) held a public workshop to provide updates on the implementation of SB 253, the Climate Corporate Data Accountability Act, which requires U.S.-based entities doing business in California with more than $1 billion in annual revenue to disclose their Scope 1, 2 and 3 greenhouse gas (“GHG”) emissions. During the workshop, CARB introduced a revised reporting deadline, a phased-in approach to Scope 3 reporting, changes to the treatment of insurance companies, and proposed assurance requirements that would apply from 2027 and beyond.
United States Environment
ST
Simpson Thacher & Bartlett
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
Sixth Circuit Affirms No Coverage For Legal Malpractice Claim Under Two Professional Liability Policies
A federal appeals court examined whether a law firm's professional liability insurance provided coverage when notice of potential malpractice was given during an extended reporting period, but the actual claim wasn't filed until after that period expired. The case also addressed whether a subsequent policy with a retroactive date exclusion could provide coverage for the underlying wrongful act.
United States Insurance
WR
Wiley Rein
Article
NAIC Capital Adequacy (E) Task Force Adopts Changes To Life Risk-Based Capital Factors For 2026 And 2027
The NAIC Capital Adequacy Task Force has adopted significant changes to risk-based capital factors for life insurers, affecting collateralized loan obligations, residential mortgage loan funds, and collateral loans. These regulatory updates will take effect in phases between December 2026 and December 2027, fundamentally altering how insurers calculate capital requirements for these investment categories.
United States Insurance
MB
Mayer Brown
Video
Bracewell Explains – Why Traditional Insurance Policies May Fall Short For Data Centers (Video)
Data center construction is accelerating to meet growing demand for digital infrastructure, but are companies adequately prepared for the unique insurance challenges these complex operations present? As projects grow larger and coverage becomes distributed among multiple insurers, understanding policy adequacy and reducing coverage dispute risks becomes critical for organizations investing in this rapidly expanding sector.
United States Insurance
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Bracewell
Article
Freight Brokers And Risk Management In The Post-Montgomery World
The Supreme Court's Montgomery v. Caribe Transport II decision has eliminated a critical preemption defense for freight brokers, exposing them to state law negligence claims for hiring unsafe motor carriers. This ruling creates unprecedented litigation risk and insurance cost implications for both U.S. and Canadian freight brokers operating in interstate commerce, prompting the Transportation Intermediaries Association to petition for federal safety selection standards.
United States Transport
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Gardiner Roberts LLP
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