The increasing popularity of JPI suggests insureds are discovering that it is a very useful tool to mitigate risk.

In Amerisure v. Selective, the Second Circuit held that the subcontract terms governed the additional insured question while the other insurance clauses in the insurance policies governed the priority dispute.

In some cases, whether a particular situation requires disclosure to an insurer may fall within a gray area for which consultation with counsel is recommended.

Evidence suggests that most public M&A participants do not utilize representations and warranties insurance when dealmaking.

The main dispute is whether the insured can demonstrate that the loss resulted from physical loss or damage to property.