Stanley V. Figura explored recent trends and developments related to climate change litigation and insurance actions at the 2022 ARIAS U.S. Spring Conference.

Businesses filed hundreds of lawsuits seeking business interruption coverage under their commercial property insurance policies for losses stemming from COVID-19. While many of those cases have been resolved, Lindsey Dean examines the next potential wave of COVID-19 claims on the horizon.

In Progressive Garden State Ins. Co. v. Metius, a federal district court held that a boat qualified as its owner’s “primary residence,” and after the boat burned and the boat owner filed a claim with its insurer to recover damages, the court held that the insurer’s “primary residence” exclusion in a Boat and Personal Watercraft Policy barred coverage.

The Supreme Court of Delaware has issued a groundbreaking insurance ruling destined to help define the fundamental bargain at the heart of commercial insurance coverage, and demonstrate why such coverage does not extend to public nuisance claims.  

In a recent Law360 industry analysis, BatesCarey’s David J. Buishas and Elisabeth C. Ross address arguments made earlier today in the Ninth Circuit from policyholders and insurers in three suits over whether business interruption coverage extends to pandemic-related losses, foreshadowing the many cases pending before federal appellate and trial courts.

BatesCarey associate Paige M. Houin will speak at the 2021 Claims and Litigation Management Alliance Annual Conference on August 12, 2021 at 2:00 PM about a variety of factors contributing to social inflation.

In a recent Law360 piece, Adam analyzes the reconsidered ruling in Giant Eagle v. American Guarantee, et al., which provides assurance to excess carriers that opioid defendants facing millions of dollars in defense costs cannot use those costs as a means to leapfrog their primary coverage and proceed up their insurance towers to reach excess layers.

BatesCarey is pleased to announce that Paige Houin will present "Opioids, COVID-19, and Beyond: How to Abate the Nuisance Driving Social Inflation" at the 2021 CLM Annual Conference in Atlanta from June 6-18, 2021.

BatesCarey COVID-19 team members Adam H. Fleischer and Matthew P. Fortin summarize recent cases dismissing COVID-19 business interruption claims.

In a recent Law360 piece, Adam unpacks the hierarchy of opioid coverage issues and the recent rulings at the heart of the confusion.