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Expert Analysis

• Time To Step Up PFAS Due Diligence In Cross-Border M&A

  

  Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence 鈥� particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions 鈥� will be essential in 2024, say attorneys at Shipman & Goodwin.

• 3 Significant Ohio Insurance Updates From 2023

  

  The past year saw some significant changes and developments in Ohio's insurance coverage landscape, from new bad faith discovery mechanisms relating to out-of-state property to the Ohio Supreme Court's interpretation of what constitutes an assault or battery for coverage purposes, say Jenna Pletcher and William Peseski at Brouse McDowell.聽

• Ill. Justices Set New Standard For Analyzing Defect Claims

  

  The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.

• Policyholders Must Object To Insurer Reorganizations

  

  When insurance companies reorganize, policies often take years to ultimately pay out a fraction of what is owed, so policyholders should organize and urge insurance commissioners to take action when retroactive reinsurance deals are announced, says Jonathan Terrell at KCIC.

• Ill. BIPA Ruling May Spark Violation-Of-Law Exclusion Fight

  

  An Illinois appeals court's recent holding in National Fire Insurance v. Visual Pak that a violation-of-law exclusion didn't preclude coverage for an underlying Biometric Information Privacy Act suit contradicts an earlier Seventh Circuit decision that aligns with long-standing insurance law principles 鈥� which may lead the state's high court to weigh in, says Tae Andrews at Pasich.

• 3 Pointers From Tilton Case To Help Win Advancement Suits

  

  The Delaware Superior Court鈥檚 refusal to let Lynn Tilton sue her advancers for legal fees, ruling she had not yet attempted to negotiate in good faith, suggests that policyholders may fare better if they attempt proactive strategies to narrow disputes over advancement agreements before taking their insurers to court, says Evan Bolla at Harris St. Laurent.

• What Insurers Gain When Litigating Coverage Denials

  

  Lately, insurance companies have denied coverage for lawsuits alleging liability relating to the ordinary operations of highly regulated businesses, such as those in the pharmaceutical and energy sectors 鈥� demonstrating time and again how litigation can be a vehicle for carriers to mitigate their own costs, say attorneys at Reed Smith.

• NY Wrongful Death Law Revamp Retains Original's Drawbacks

  

  If approved by New York Gov. Kathy Hochul, the Grieving Families Act will transform the landscape of wrongful death law in New York by increasing the potential for damages, raising insurance premiums, burdening hospitals and courts, stifling the economy and subjecting parties to the unsettling effects of retroactive legislation, say attorneys at Shaub Ahmuty.

• SEC, NY Cybersecurity Rules Create Complexity For Insurers

  

  Two separate cybersecurity rules recently adopted by the New York Department of Financial Services and the U.S. Securities and Exchange Commission pose distinct challenges for insurance industry participants, with important interactions, and potential tensions, for those required to comply with both frameworks, say attorneys at Debevoise.

• 5 Trends To Watch In Property And Casualty Class Actions

  

  In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers 鈥� total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.

• Why Courts Are Nixing Insurer Defense Recoupment Claims

  

  Following a recent trend, the Hawaii Supreme Court's decision in St. Paul Fire & Marine Insurance Co. v. Bodell Construction Co. provides a concise explanation of the argument that an insurer generally may not recoup costs for defending claims, based on three considerations, says Bradley Nash at Hoguet Newman.

• Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick

  

  A Texas federal court鈥檚 recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show 鈥淢y 600-Lb. Life,鈥� into purchasing insurance, demonstrates why a policyholder鈥檚 fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.

• Insurance Considerations For Cos. Assessing New AI Risks

  

  Because no two businesses will have the same artificial intelligence risk profile, they should consider four broad risk categories as a baseline for taking a proactive approach to guarding against AI-related exposures, say attorneys at Hunton.