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HNRK Coverage Corner

Posts from May 2026.

This week at the Coverage Corner, we examine a Second Circuit decision that wades into hot-button topic:  liability coverage for environmental claims involving PFAS (colloquially known as “forever chemicals”).  In a summary ordered issued on May 4, 2026, in Town of Harrietstown v. Westchester Fire Ins. Co., Case No. 22-253-cv, the Second Circuit affirmed a decision from the Northern District of New York, granting summary judgment to the insured on its claim for defense costs.  We wrote about the district court’s decision in an article in Chambers’ 2026 Insurance & ...

Earlier this year, the Delaware Supreme Court issued an important 3–2 decision on the application of a “bump-up” provision to losses arising from a merger transaction. (See our previous post about this type of policy provision, here.) In Illinois National Insurance Co. v. Harman International Industries, Inc., C.A. No. N22C-05-098 (Del. Jan. 27, 2026), the court affirmed an award of summary judgment for the policyholder, holding that three D&O insurers—AIG, Chubb, and Berkley—could not invoke a “bump-up” provision to deny coverage for a $28 million settlement of ...

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