November 21, 2024 | The Legal Intelligencer
The Growing PFAS Morass: Why Insurance Should Cover These Products Liability ClaimsWith the increase in litigation and the newly minted state and federal regulations, companies of all types will likely be on the receiving end of an increased level of scrutiny from the public and the plaintiffs’ bar about potential claims involving products containing PFAS in some capacity.
By John Ellison and Amy Koss
9 minute read
September 05, 2024 | The Legal Intelligencer
Limiting Contractual Liability and Professional Services Exclusions in Liability PoliciesThese exclusions need to be narrowly tailored during contract negotiations to avoid potential coverage gaps that could render the coverage purchased illusory, and denials of coverage for a claim based on such exclusions also need to be closely examined.
By John Ellison, Courtney C.T. Horrigan | Esther Kim
9 minute read
October 01, 2023 | New York Law Journal
Emerging Landscape for Fossil Fuel Producers Seeking Coverage for Climate Change Liability LawsuitsHawaii, 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.
By Courtney C.T. Horrigan, John Ellison and Russell M. Squire
8 minute read
August 24, 2023 | The Legal Intelligencer
Marshalling Insurance Resources to Counter False Claims Act Defense Costs and LiabilityWhen confronted with an FCA investigation or lawsuit, corporate policyholders should review the full suite of their liability insurance policies, including directors and officers (D&O) liability policies, errors and omissions (E&O) policies, commercial general liability (CGL) policies, and employment practices liability (EPL) policies).
By John Ellison, Courtney C.T. Horrigan and Lin Zheng
8 minute read
July 27, 2023 | The Legal Intelligencer
Let History Be Your Guide: Pa.'s Chance to Stem the Ill-Conceived TideThis article discusses the current Pennsylvania Superior Court split resulting from the Ungarean and MacMiles v. Erie Insurance Exchange, 286 A.3d 331 (Pa. Super. 2022) decisions, and why the Pennsylvania Supreme Court should adopt the reasoning in Ungarean.
By John Ellison and Esther Kim
8 minute read
September 15, 2022 | The Legal Intelligencer
No Place for the Pollution Exclusion in PFAS Products Liability ClaimsWith PFAS found in common household products from food wrappers to cosmetics and nonstick cookware to medical equipment, a wide array of policyholders now find themselves staring down the barrel of PFAS products liability lawsuits.
By John Ellison and Jessica Kraus
7 minute read
April 14, 2022 | The Legal Intelligencer
PFAS and PFOA Litigation and Regulation: An Emerging Insurance Coverage BattlegroundAs PFAS litigation continues to spur throughout product supply chains, and as new regulations go into effect to mitigate environmental and health impacts of PFAS, policyholders will increasingly turn to insurance carriers to cover losses.
By John Ellison, Jessica Kraus and Michael Merlo
8 minute read