In Insurance Coverage Issues for Hotel and Apartment High-Rises Damaged by Fire, Pillsbury attorneys Joseph Jean and Alexander Hardiman discuss how to maximize insurance recovery when a fire damages or destroys mixed-used hotel, retail, and apartment high-rises, as happened on New Year’s Eve at the Address Downtown Hotel in Dubai and…
Acquiring adequate insurance coverage against environmental risks, in particular the spill or release of pollutants or contaminants in day-to-day operations, is important to many construction businesses confronting the requirements of environmental regulation. For example, EPA’s hazardous waste rules require permittees (at both the state and federal level) to demonstrate financial…
Responding to an inquiry from the U.S. Court of Appeals for the Fifth Circuit, the Texas Supreme Court ruled Friday, in a 5 to 4 decision, that the “coercive nature” of the administrative proceedings employed by the Environmental Protection Agency (EPA) under Comprehensive Environmental Response, Compensation, and Liability Act’s (CERCLA)…
A version of our article titled Surviving the Storm originally appeared in a Bay Area Council publication in the March 2015. It discusses Superstorm Sandy’s sobering preview of the types of insurance and risk management issues that business and residents face given the prospects of a catastrophic storm.
Florida’s Third District Court of Appeals recently held that whether “prompt” notice was given to an insurer of a claim occurring over three and a half years after a hurricane caused damages to a condominium is a question of fact that must be given to the jury. This ruling confirms…
Today, Pillsbury attorneys Joseph Jean and Alexander Hardiman published their client alert titled Don’t Trust, Verify: What Every Business Needs to Know About Certificates of Insurance. The Alert discusses the general rule in New York that a certificate of insurance (COI), by itself, does not provide insurance coverage. It explains that…
Today, Pillsbury attorneys James Lloyd, Vince Morgan, Adam Weaver and Tamara Bruno published their client alert titled USGS’s Increase of Texas’s Earthquake Risk Level: Commercial Real Estate and Insurance Implications. The Alert discusses the increase in seismic activity in the Fort Worth Basin and the likelihood that this increase will…
A unanimous panel of the Illinois Appellate Court recently held that three insurers have a duty to defend any case in which the bare underlying allegations – if proved – would render their insured liable, regardless of extrinsic facts. This sweeping ruling confirms that the duty to defend is a…
Monday, we published our client alert A Boost for Business: Time to Reaffirm or Secure Terrorism Insurance. The Alert discusses H.R. 26, a bill signed into law on January 12, 2015 by President Obama enacting the Terrorism Risk Insurance Program Reauthorization Act of 2015 (TRIPRA of 2015). TRIPRA provides a…
On October 20, 2014, the U.S. Court of Appeals for the Tenth Circuit unanimously affirmed the lower court’s ruling that the commercial liability insurance policies purchased by Headwaters Resources, Inc. contained unambiguous “pollution exclusion” provisions which excluded Headwaters’ demand that its insurers reimburse its litigation defense costs. The case is…