Duane Morris Insurance Law

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 By Harry M. Byrne and Ryan F. Monahan

On April 23, 2026, the New York Court of Appeals held in Second Child v. Edge Auto, Inc. that the federal Graves Amendment preempts New York’s minimum insurance statute to the extent it requires automotive rental companies to provide primary liability insurance coverage to renters up to

Almost eight months into the new administration, the federal government has slashed staffing at the Environmental Protection Agency and begun unwinding both recent and long-standing environmental rules. Policyholders and carriers see the regulatory pullback from pollution and other standards as bringing immediate benefits and long-term uncertainty.Pollution claims have largely emerged from historic commercial general liability policies written before

Duane Morris LLP is pleased to announced that Chambers USA has recognized Duane Morris Insurance group and attorneys.

Nationwide

Insurance: Dispute Resolution: Insurer

Philip R. Matthews, Insurance: Dispute Resolution: Insurer

Max H. Stern, Insurance: Dispute Resolution: Insurer

California

Insurance: Insurer

Philip R. Matthews, Insurance: Insurer

Max H. Stern, Insurance: Insurer

Pennsylvania

Steven

Insurance policies frequently contain choice-of-law provisions providing that their interpretation is subject to the law of a particular jurisdiction. Thus, if a policy’s choice-of-law provision requires that the policy be interpreted in accordance with New York law, then the policy should be interpreted in accordance with New York law. That seemingly self-evident proposition was recently

By: Daniel B. Heidtke

Earlier this Fall, the Ninth Circuit certified the following question to the Nevada Supreme Court:

Under Nevada law, can an excess insurer state a claim for equitable subrogation against a primary insurer where the underlying lawsuit settled within the combined policy limits of the insurers?

The Nevada Supreme Court has since

By: Daniel B. Heidtke

Finding that the Stowers doctrine was not “activated,” the United States District Court for the Southern District of Texas entered summary judgment in favor of an insurer on its declaratory relief claim.  After an underlying judgment was entered against its insured, the insurer sought declaratory relief establishing that it owed only

By: Daniel B. Heidtke

Facing claims that it “allowed a dangerous substance—mold” to grow in a resident’s apartment, an insured sought coverage under its “businessowners insurance” coverage.  In denying a duty to defend the underlying wrongful death suit, the insurer relied on two exclusions: (1) the “Fungi or Bacteria Exclusion” and (2) the Pollution Exclusion. 

By: Daniel B. Heidtke

In a recent case decided in the Southern District of Texas, the court entered summary judgment, holding that the insurer’s “construction [and] workmanship” exclusion excluded coverage as a matter of law.  The claim, brought by a contractor against a subcontractor’s insurer, arose out of allegedly defective work related to pipe fabrication.

By: Gina Foran and Bill Baron

The Hawai‘i Supreme Court ruled on October 7 that AIG has no duty to defend Aloha Petroleum against climate change lawsuits, because the pollution exclusions in AIG’s policies barred coverage for the suits.

Certain cities and counties in  Hawaiʻi sued major oil companies, including Aloha, for their role in