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Peter M. Gillon
SEC's New Guidance for Public Companies to Discuss Material Effects of Climate Change on Financial Performance

The SEC yesterday announced new disclosure guidance requiring public companies to discuss material effects of climate change on their financial performance. This new requirement exposes a risk for public companies and their directors and officers who...

Joann Lytle, Nicholas Insua, and Anne Matthews
McCarter & English LLO on Martco Ltd. Partnership v. Wellons, Inc.

In Martco Ltd. Partnership v. Wellons, Inc. , No. 08-31247 & No. 08-31248, 2009 U.S. App. LEXIS 25428 (5th Cir. Nov. 19, 2009), the United States Court of Appeals for the Fifth Circuit rejected an insurance carrier’s argument that a commercial...

Gabrielle Sigel and Jennifer Cassel
Jenner & Block: 2009 Climate Change Year in Review: Building Foundations for Change or Just Castles in the Sand?

In this Emerging Issues commentary, Gabrielle Sigel and Jennifer L. Cassel of Jenner & Block discuss climate change developments in the year 2009. This recap includes regulatory, legislative, litigation and international developments. Some highlights...

Sherilyn Pastor
McCarter & English LLP on Viking Pump, Inc. v. Century Indemnity Company

A recent Delaware Chancery Court ruling in Viking Pump, Inc. v. Century Indemnity Company addressed two issues of significant under New York law: allocation of insurance losses and assignment of insurance rights. As to the former, the Court upheld a policyholder’s...

Charles Allen Yuen and Jessica S. Berk
McCarter & English LLP on Fasso v. Doerr, Did The New York Court Of Appeals Clarify -- Or Confuse -- Equitable Subrogation Principles And Procedures?

Although the general concepts underlying equitable subrogation and its limitations are simple, New York courts often disagree in subrogation cases on how to reconcile the specific competing equitable rights and obligations. The 2009 decision of the New...

Tags: Recoupmemt
Mark S. Hersh and Roxanne Garibay
Reed Smith on Contra Proferentem and the Not So "Hapless" Sophisticated Insured: An Analysis of Farmers Automobile Insurance Association v. St. Paul Mercury Insurance Company

Under the doctrine of contra proferentem, insurance policy ambiguities are construed against the insurer, in favor of coverage. In Farmers Automobile Insurance Association v. St. Paul Mercury Insurance Company , the Seventh Circuit, in interpreting Illinois...