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Articles by Kenneth E. Ryan
AI Washing: The Next Wave Of D&O Exposure
Thomas Benjamin Boley’s articles from Wiley Rein are most popular: within Corporate/Commercial Law topic(s) with readers working within the Insurance industries This article was originally published by the American Bar Association Litigation Section’s Insurance Coverage Litigation Committee on August 6, 2026, and is available here. What is AI Washing?
AI Washing: The Next Wave of D&O Exposure
Summary AI washing now belongs on any serious list of emerging D&O exposures. Alleged misrepresentations concerning AI capabilities, commercialization, and automation are already generating meaningful exposure. The cases discussed in this article are not outliers; they are the leading edge of an enforcement and litigation trend. ultramansk via iStock / Getty Images Plus What Is AI Washing?
New Jersey Federal Court Finds Pollution Liability Coverage Potentially Available Despite Missing Schedule of Insured Locations | JD Supra
Applying New Jersey law, the U.S. District Court for the District of New Jersey held at the summary-judgment stage that an insurer's reliance on the absence of a Schedule of Insured Property did not defeat pollution liability coverage as a matter of law. ResinTech, Inc. v. AIG Specialty Insurance Company, 2026 WL 1878513 (D.N.J. June 30, 2026).
New Jersey Federal Court Finds Pollution Liability Coverage Potentially Available Despite Missing Schedule of Insured Locations
Thomas Benjamin Boley’s articles from Wiley Rein are most popular: with Senior Company Executives and HR with readers working within the Insurance industries Applying New Jersey law, the U.S. District Court for the District of New Jersey held at the summary-judgment stage that an insurer’s reliance on the absence of a Schedule of Insured Property did not defeat pollution liability coverage as a matter of law. ResinTech, Inc. v.
Sixth Circuit Holds Salmonella Outbreak Constitutes a Single Occurrence Under CGL Policies Despite Lot Endorsement
The U.S. Court of Appeals for the Sixth Circuit, applying Ohio law, affirmed summary judgment in favor of an insured food manufacturer and held that thousands of bodily injury claims arising from an alleged salmonella contamination event constituted a single “occurrence” under commercial general liability policies for purposes of determining the number of applicable retained limits. J.M. Smucker Co. v. Ace Am. Ins. Co., 2026 WL 1893804 (6th Cir. July 1, 2026).
Sixth Circuit Holds Salmonella Outbreak Constitutes A Single Occurrence Under CGL Policies Despite Lot Endorsement
Thomas Benjamin Boley’s articles from Wiley Rein are most popular: with Senior Company Executives and HR with readers working within the Insurance industries The U.S. Court of Appeals for the Sixth Circuit, applying Ohio law, affirmed summary judgment in favor of an insured food manufacturer and held that thousands of bodily injury claims arising from an alleged salmonella contamination event constituted a single “occurrence” under commercial general liability policies for purposes of...
Illinois Federal Court Holds CGL Policy Does Not Cover Remediation Costs For Illegal Dumping
Kenneth E. Ryan’s articles from Wiley Rein are most popular: with readers working within the Business & Consumer Services industries The U.S. District Court for the Central District of Illinois, applying Illinois law, held that a commercial general liability policy did not provide coverage for a suit seeking compensation for costs associated with remediation of the insured’s unlawful dumping. Great West Cas. Co. v. Ryan VanFleet, 2026 WL 822800 (C.D. Ill. Mar. 25, 2026).
Pollution Exclusion Survives Challenge In Equine Environmental Coverage Dispute
Kenneth E. Ryan’s articles from Wiley Rein are most popular: with readers working within the Business & Consumer Services industries Applying California law, the U.S. District Court for the Eastern District of California held that pollution exclusions may apply to bar coverage for litigation and settlement of Clean Water Act and Resource Conservation and Recovery Act claims alleging contamination from byproducts of equine operations. Great Am. Ins. Co. v. Cosumnes Corp., 2026 WL 798024 (E.D. Cal.
Texas Appellate Court Applies Pollution And Contamination Exclusion To Bar COVID-19 Business Interruption Coverage Under Property Policy
Thomas Benjamin Boley’s articles from Wiley Rein are most popular: with readers working within the Business & Consumer Services industries The Texas Court of Appeals for the Fourteenth District affirmed summary judgment under Texas law holding that a commercial property policy’s “pollution and contamination exclusion” barred coverage for COVID 19 business interruption losses. Houston Livestock Show & Rodeo, Inc. v. Nat’l Fire & Marine Ins. Co., 2026 WL 873050 (Tex. App. Mar. 31, 2026).
Texas Appellate Court Applies Pollution and Contamination Exclusion to Bar COVID-19 Business Interruption Coverage Under Property Policy
The Texas Court of Appeals for the Fourteenth District affirmed summary judgment under Texas law holding that a commercial property policy’s “pollution and contamination exclusion” barred coverage for COVID 19 business interruption losses. Houston Livestock Show & Rodeo, Inc. v. Nat’l Fire & Marine Ins. Co., 2026 WL 873050 (Tex. App. Mar. 31, 2026). The insured nonprofit entity annually operates a major livestock show and rodeo at a county‑owned sports complex.
Illinois Federal Court Holds CGL Policy Does Not Cover Remediation Costs for Illegal Dumping
The U.S. District Court for the Central District of Illinois, applying Illinois law, held that a commercial general liability policy did not provide coverage for a suit seeking compensation for costs associated with remediation of the insured’s unlawful dumping. Great West Cas. Co. v. Ryan VanFleet, 2026 WL 822800 (C.D. Ill. Mar. 25, 2026). The insured, a trucking company, was sued by a municipality claiming to have remediated debris illegally dumped by the insured.
Pollution Exclusion Survives Challenge in Equine Environmental Coverage Dispute
Applying California law, the U.S. District Court for the Eastern District of California held that pollution exclusions may apply to bar coverage for litigation and settlement of Clean Water Act and Resource Conservation and Recovery Act claims alleging contamination from byproducts of equine operations. Great Am. Ins. Co. v. Cosumnes Corp., 2026 WL 798024 (E.D. Cal. Mar. 23, 2026).
New Jersey Federal Court Holds Broken Glass May Qualify As Pollutant Under Insurance Policy Cleanup Provision
Thomas Benjamin Boley’s articles from Wiley Rein are most popular: with readers working within the Construction & Engineering industries Applying New Jersey law, the United States District Court for the District of New Jersey declined to dismiss a complaint seeking cleanup coverage for broken glass found in a grass field. Oak Knoll Sch. of the Holy Child v. Utica Nat'l Ins. Grp., 2026 WL 473235 (D.N.J. Feb. 19, 2026).
New Jersey Federal Court Holds Broken Glass May Qualify as Pollutant Under Insurance Policy Cleanup Provision | JD Supra
Applying New Jersey law, the United States District Court for the District of New Jersey declined to dismiss a complaint seeking cleanup coverage for broken glass found in a grass field. Oak Knoll Sch. of the Holy Child v. Utica Nat’l Ins. Grp., 2026 WL 473235 (D.N.J. Feb. 19, 2026). The dispute arose after a private school discovered broken glass embedded within a grass sports field on its property.
2026 State AI Bills That Could Expand Liability, Insurance Risk
Kenneth E. Ryan’s articles from Wiley Rein are most popular: within Technology topic(s) in United States with readers working within the Technology and Pharmaceuticals & BioTech industries Wiley Rein are most popular: within Insolvency/Bankruptcy/Re-Structuring topic(s) This article was originally published byLaw360and is availablehereand as a PDFhere.
In Coverage Dispute Over PFAS Remediation, New Jersey District Court Dismisses Bad Faith Claim
Thomas Benjamin Boley’s articles from Wiley Rein are most popular: within Environment topic(s) with readers working within the Environment & Waste Management, Insurance and Retail & Leisure industries Wiley Rein are most popular: within Insolvency/Bankruptcy/Re-Structuring topic(s) The United States District Court for the District of New Jersey, applying New Jersey law, held that a bad faith claim against an insurer must be dismissed when it is rooted in the same conduct as the breach of...
In Coverage Dispute Over PFAS Remediation, New Jersey District Court Dismisses Bad Faith Claim | JD Supra
The United States District Court for the District of New Jersey, applying New Jersey law, held that a bad faith claim against an insurer must be dismissed when it is rooted in the same conduct as the breach of contract claim, absent additional factual predicates. Shamrock Techs., Inc. v. Ill. Union Ins. Co., 2025 WL 3670535 (D.N.J. Dec. 17, 2025).
2025 State AI Laws Expand Liability, Raise Insurance Risks
Kenneth E. Ryan’s articles from Wiley Rein are most popular: with readers working within the Retail & Leisure industries Wiley Rein are most popular: within Insolvency/Bankruptcy/Re-Structuring topic(s) This article was originally published by Law360 and is available here and as a PDF here. As 2025 nears its end, claims professionals should be aware of trends in liability-expanding state legislation that addresses artificial intelligence use.
Insurer Liable For Pollution Settlement After Denial Of Defense Based On Extrinsic Evidence In Clean Water Act Suit
Thomas Benjamin Boley’s articles from Wiley Rein are most popular: with Finance and Tax Executives with readers working within the Environment & Waste Management, Insurance and Retail & Leisure industries The United States District Court for the Western District of Washington, applying Washington state law, has held that an environmental liability insurer breached its duty to defend in bad faith by relying on extrinsic evidence to deny coverage for a pollution lawsuit. KAG West LLC v.
Insurer Liable for Pollution Settlement After Denial of Defense Based on Extrinsic Evidence in Clean Water Act Suit | JD Supra
The United States District Court for the Western District of Washington, applying Washington state law, has held that an environmental liability insurer breached its duty to defend in bad faith by relying on extrinsic evidence to deny coverage for a pollution lawsuit. KAG West LLC v. Fireman’s Fund Indem. Corp., 2025 WL 3526070 (W.D. Wash. Dec. 9, 2025).
Pollution Claims For Oil Production Waste Barred By Retroactive Date
Thomas Benjamin Boley’s articles from Wiley Rein are most popular: within Environment topic(s) with Finance and Tax Executives with readers working within the Environment & Waste Management, Insurance and Retail & Leisure industries The United States District Court for the District of Montana, applying Montana law, held on summary judgment that claims-made Petroleum Industry Insurance Coverage did not apply to pollution claims where contamination began before the policies' retroactive date.
Pollution Claims for Oil Production Waste Barred by Retroactive Date | JD Supra
The United States District Court for the District of Montana, applying Montana law, held on summary judgment that claims-made Petroleum Industry Insurance Coverage did not apply to pollution claims where contamination began before the policies’ retroactive date. Murphy Exploration & Prod. Co. v. Ballard Petroleum Holdings, LLC, 2025 WL 3157906 (D. Mont. Nov. 12, 2025). An oil company sold its oil field interests to another oil company in 2002.
No Coverage For Failure To Warn Of TCE Contamination Plume
Thomas Benjamin Boley’s articles from Wiley Rein are most popular: with readers working within the Retail & Leisure industries Wiley Rein are most popular: within Compliance topic(s) The Missouri Court of Appeals, applying Missouri law, held that insurers had no duty to defend or indemnify a defense contractor in connection with a class action alleging failure to warn of groundwater contamination. Certain Underwriters at Lloyd's London v. Northrop Grumman Corp., 2025 WL 3072808 (Mo. Ct. App. Nov.
How CGL Policies May Respond To Novel AI Psychosis Claims
Kenneth E. Ryan’s articles from Wiley Rein are most popular: with Finance and Tax Executives in United Kingdom with readers working within the Environment & Waste Management and Insurance industries This article was originally published by Law360 and is available here and as a PDF here. The rapid advancement of generative artificial intelligence has brought conversational AI into the daily lives of hundreds of millions of users.
Pollution Exclusion Carve-Out Creates Duty To Defend PFAS Remediation Claim
The United States District Court for the Northern District of New York, applying New York law, has determined that an insurer had a duty to defend an insured because a carve-out to the relevant pollution exclusion applied. Town of Harrietstown v. Westchester Fire Ins. Co., 2025 WL 2391758 (N.D.N.Y. Aug. 18, 2025).
Pollution Exclusion Carve-Out Creates Duty to Defend PFAS Remediation Claim | JD Supra
The United States District Court for the Northern District of New York, applying New York law, has determined that an insurer had a duty to defend an insured because a carve-out to the relevant pollution exclusion applied. Town of Harrietstown v. Westchester Fire Ins. Co., 2025 WL 2391758 (N.D.N.Y. Aug. 18, 2025).
Indiana Appellate Court Rejects Known Loss And Deemer Clause Defenses For The Second Of Two Connected Class Actions Over Toxic Exposures
The Indiana Court of Appeals, applying Indiana law, affirmed a trial court decision finding coverage for attorneys' fees related to defending the second of two Taiwanese class actions relating to the same underlying toxic exposures. Allianz Global Risks US Ins. Co. v. Technicolor USA, Inc., 2025 WL 1921809 (Ind. Ct. App. July 14, 2025). The Court of Appeals affirmed that neither the known-loss doctrine nor the policies' deemer clause barred coverage for the second Taiwanese class action.
Indiana Appellate Court Rejects Known Loss and Deemer Clause Defenses for the Second of Two Connected Class Actions Over Toxic Exposures | JD Supra
The Indiana Court of Appeals, applying Indiana law, affirmed a trial court decision finding coverage for attorneys’ fees related to defending the second of two Taiwanese class actions relating to the same underlying toxic exposures. Allianz Global Risks US Ins. Co. v. Technicolor USA, Inc., 2025 WL 1921809 (Ind. Ct. App. July 14, 2025). The Court of Appeals affirmed that neither the known-loss doctrine nor the policies’ deemer clause barred coverage for the second Taiwanese class action.
Colorado Court Of Appeals Permits COVID-19 Coverage Suit To Proceed Based On Health Care Endorsement Coverage
The Colorado Court of Appeals (Division VI), applying Colorado law, partially affirmed a trial court decision dismissing an action seeking insurance coverage for COVID‑19 related losses. Spectrum Retirement Communities, LLC v. Continental Cas. Co., 2025 WL 1700452 (Colo. Ct. App. June 18, 2025).
Colorado Court of Appeals Permits COVID-19 Coverage Suit to Proceed Based on Health Care Endorsement Coverage | JD Supra
The Colorado Court of Appeals (Division VI), applying Colorado law, partially affirmed a trial court decision dismissing an action seeking insurance coverage for COVID‑19 related losses. Spectrum Retirement Communities, LLC v. Continental Cas. Co., 2025 WL 1700452 (Colo. Ct. App. June 18, 2025).
Key Insurance Issues Likely To Arise From NY Superfund Law
This article was originally published byLaw360and is available here and as a PDF here. On Dec. 26, New York Gov. Kathy Hochul signed into law New York's Climate Change Superfund Act. The statute imposes a massive $75 billion in liabilities on companies engaged in the fossil fuel business. Companies can be expected to look to their insurers for coverage, and this newly burgeoning category of environmental liabilities raises a slew of coverage issues, both old and new.
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