Hunton Insurance Recovery Blog

In a recent opinion addressing cross‑motions for summary judgment, a Pennsylvania state court set forth a clear holding that policyholders may recover post-judgment interest under excess liability insurance policies only when the policy language expressly says so—and only when the stated conditions are met. The decision underscores the importance for policyholders to thoroughly examine the defense and payment provisions outlined in their insurance policies.

Companies have long favored Delaware for business purposes for a multitude of reasons. One new reason to add to that list may be Delaware’s approach to coverage under directors and officers, errors and omissions, and other claims-made liability policies for costs incurred in responding to government investigations. Building upon prior pro-policyholder rulings, a Delaware court recently concluded that a DOJ civil investigative demand (CID) was a covered “Claim,” even where the policy expressly included other, more limited coverage targeting governmental investigation expenses.

In a recent social media post and television interview, Securities and Exchange Commission Chairman Paul Atkins announced that US capital markets are "poised to move on-chain.” At the same time, on December 11, 2025, the SEC staff issued a no-action letter to a prominent registered clearing agency and securities depositary to launch a  securities tokenization pilot program. The pilot program will allow participants to transfer tokenized securities to registered wallets of other participants.

On November 10, 2025, Chairman John Boozman (R-MT) and Senator Cory Booker (D-NJ) of the Senate Agriculture, Nutrition and Forestry Committee released a discussion draft of legislation regulating crypto markets in the United States. The draft is similar in several ways to the Clarity Act, which the House of Representatives passed in July 2025.