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Policyholder Pulse

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By: Pillsbury Winthrop Shaw Pittman LLP

Blog Authors

Georgia Bender
Patrick Blood
Melissa C. Lesmes
William C. Miller
Meaghan C. Murphy
Tamara D. Bruno
Joseph D. Jean
Colin Davis
Julia E. Judish
Steven E. Knott
William E. McMichael
Derrick Earl Anderson
David F. Klein
Laura Freid-Studlo
Philip He
Brendan Hogan
Bryan J. Coffey
Elizabeth J. Dye
Mark J. Plumer
Jeff Kiburtz
Jay Konkel
Robert L. Wallan
Marcus Leonard
Matthew M. Brady
Peter M. Gillon
Eric M. Gold
Lauren N. Smith
Alexis N. Wansac
Lisseth Ochoa-Chavarria
Pillsbury's Insurance Recovery Law Team
Amit Roitman
Colin T. Kemp
Pauleen Truong
Nicholas Turnier
Jeffrey W. Mikoni
Reza Zarghamee

Latest from Policyholder Pulse

Policyholder Pulse

The Beginning of the End of an Era? Competition to Delaware’s Supremacy as Corporate Domicile and Implications for D&O Insurance

By Bryan J. Coffey & David F. Klein
June 9, 2025

Delaware has long been the leading jurisdiction in which companies incorporate. According to Delaware’s published statistics from 2023 :

  • Delaware surpassed two million total business entities domiciled in the state,
  • 6% of all Fortune 500 companies were incorporated in Delaware, and
  • 80% of IPOs in the U.S. were in Delaware

Because of Delaware’s long-held title…

Policyholder Pulse

Untying the Gordian Knot: The Second Circuit (Re)joins the Fray of Reverse Preemption of International Arbitration Provisions in Insurance Policies

By Jeffrey W. Mikoni & Colin Davis
May 28, 2025

The Second Circuit Court of Appeals has weighed in (again) on a still unsettled issue in the realm of insurance law: whether arbitration provisions in insurance policies issued by foreign insurers are enforceable notwithstanding states’ anti-arbitration statutes? If they are, coverage disputes between policyholders and insurers are likely to be relegated to arbitral decision under…

Policyholder Pulse

Permit? So What! — Illinois Supreme Court Poised to Test the Limits of Pollution Exclusions

By Derrick Earl Anderson & Robert L. Wallan
May 13, 2025

The Illinois Supreme Court has teed up a significant insurance question: Does a standard pollution exclusion bar coverage when the alleged “pollution” was not considered to be pollution when the policy issued—where the substance was lawfully emitted under an environmental permit?
The court accepted a certified question from the Seventh Circuit on April 17, 2025,…

Policyholder Pulse

Parametric Insurance: The Future-Proof Solution for Enterprise Risk

By Peter M. Gillon
May 2, 2025

In today’s fast-paced and increasingly unpredictable global environment, large enterprises face mounting risks—natural catastrophes, climate-related disruptions, supply chain breakdowns and emerging digital threats. Traditional insurance has long been the foundation of risk management, offering indemnification based on losses incurred. But a new model is gaining traction: parametric insurance. Unlike traditional policies, parametric insurance offers rapid,…

Policyholder Pulse

California Supreme Court Bars Damages Limitations for Willful Injury

By Robert L. Wallan & Pauleen Truong
May 1, 2025

On April 24, 2025, the California Supreme Court in New England Country Foods, LLC. v. VanLaw Food Products, Inc., issued an opinion by Justice Lius holding that California Civil Code section 1668 “invalidates limitations on damages for willful injury to the person or property of another.”
Continue Reading ›

Policyholder Pulse

Congratulations to William McMichael!

By Pillsbury's Insurance Recovery Law Team
April 29, 2025

Colleague William McMichael recently won the 2025 Franklin Jones Best CLE Article Award for “So You’ve Got a Verdict…What Now?! Post-Verdict Procedure and Practice Tips for Texas Insurance Lawyers.”
McMichael’s article offers a practical roadmap for Texas insurance lawyers navigating the complex post-verdict landscape.
Continue Reading ›

Policyholder Pulse

The Latest on PFAS: What Policyholders Need to Know Now

By Marcus Leonard, Reza Zarghamee, Jay Konkel, Tamara D. Bruno & David F. Klein
April 21, 2025

We have previously written on the evolving risks associated with PFAS—also known as “forever chemicals”—and their implications for policyholders navigating environmental liabilities involving both PFAS and PFAS-related chemicals (i.e., fluorinated chemicals that do not fit the definition of PFAS). Our prior analyses explored coverage strategies and regulatory enforcement trends. With regulatory activity and litigation continuing…

Policyholder Pulse

Insurance Coverage Considerations for Tariff and Trade-Related Losses

By Jeff Kiburtz & Lisseth Ochoa-Chavarria
April 9, 2025

Since President Trump took office on January 20, 2025, the administration has implemented significant changes to U.S. trade policy, including most notably with respect to tariffs. Within weeks of taking office, the White House announced changes to tariffs on steel and aluminum which placed a tariff of 25% on all such imports. New tariffs were…

Policyholder Pulse

How Trump’s DEI Rollback Affects Nonprofits and How to Protect Your Organization

By Peter M. Gillon, Tamara D. Bruno, Julia E. Judish & Meaghan C. Murphy
March 26, 2025

Since taking office, President Trump has issued sweeping executive orders targeting Diversity, Equity, and Inclusion (DEI) initiatives across federal agencies and directing agencies to take action to encourage private organizations to follow suit. On January 20, 2025, President Trump signed executive orders (EOs) titled Ending Racial and Wasteful Government DEI Programs and Preferencing and Extremism…

Policyholder Pulse

The Ninth Circuit Wants Everyone to Stop Forgetting About the Appraisal Provision

By Colin T. Kemp & Colin Davis
March 5, 2025

Policyholders, don’t lose track of the appraisal provision in your insurance policies. At least that is what the panel in 50 Exch. Terrace LLC v. Mt. Vernon Specialty Ins. Co. seemed to be saying. There, the Ninth Circuit Court of Appeals affirmed the district court’s dismissal of policyholder-plaintiff’s case for non-payment of policy benefits due to…

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