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October 01, 2023 | New York Law Journal

Bumping the Bump-Up Exclusion: A Policyholder's Guide to Resisting Improper Coverage Denials

In the authors' experience, insurance companies interpret the bump-up exclusion far too broadly and beyond the insurance industry's purported intent behind the exclusion. D&O policyholders should be prepared to resist such coverage denials.
12 minute read
October 01, 2023 | New York Law Journal

Emerging Landscape for Fossil Fuel Producers Seeking Coverage for Climate Change Liability Lawsuits

Hawaii, recently devastated by the Lahaina Fire, looks to be the first state to have its Supreme Court weigh in on the applicability of pollution exclusions to climate change lawsuits. This article examines what is at stake for policyholders and the road to recovery in this rapidly evolving area of insurance coverage law.
8 minute read
October 01, 2023 | New York Law Journal

Maritime Coverage Case About To Make Waves at Supreme Court

How should a federal court decide whether to enforce a choice-of-law provision? That's the question at the heart of 'Great Lakes Ins. v. Raiders Retreat Realty', a maritime coverage dispute that will be argued before the Supreme Court. However the court rules, the decision could have wide-ranging implications for insurance disputes—even those on land.
8 minute read
October 01, 2023 | New York Law Journal

Supreme Court Wades Into Free Speech Battle Over Social Media Laws

The list of cases that the high court will consider in its new term, which begins Monday, also includes a case from the U.S. Court of Appeals for the Second Circuit centering on an effort by the securities industry to curb investor lawsuits.
5 minute read
October 01, 2023 | New York Law Journal

The Powers of the Zoning Resolution: Top Five Special Permits, Part V

What better way to end this Zoning Series than with a top five list? Part V of this series covers the top five special permits issued by either the New York City Planning Commission or New York City Board of Standards and Appeals.
8 minute read
October 01, 2023 | New York Law Journal

NAIC Proposal on Credit Ratings Causing Market Disruption

Developments at the nation's premier forum of state insurance regulators are roiling capital markets, with potentially meaningful consequences for companies raising funds as well as the insurance industry as a whole.
8 minute read
October 01, 2023 | New York Law Journal

The Insurance Industry's Love-Hate Relationship With Legal Finance

Legal finance has found some vocal detractors in its development. Big business generally, and the insurance industry particularly, may never fully embrace it—but their roles in the legal risk marketplace confirm that the line between good capital and bad capital isn't as clear and as fine as they seek to make it.
8 minute read
October 01, 2023 | New York Law Journal

Mid-Year Review: Interesting Cases That Rounded Out Summer Season

As we enter the final months of 2023, Ilene Sherwyn Cooper considers some of the interesting decisions affecting trusts and estates that rounded out the summer season.
7 minute read
October 01, 2023 | New Jersey Law Journal

Revise the School Funding Formula

NJPP recommends that the legislative direct the Joint Committee on Public Schools to hold hearings on adjusting the basic school funding formula. We second the motion.
2 minute read
October 01, 2023 | New Jersey Law Journal

What's the Meaning of 'And'? Supreme Court Must Settle It

In the end, the Pulsifer case is all about language.
5 minute read

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