The Nickel Report

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.

The decision of when to sue insurance companies, especially excess insurers, can be difficult, especially in disputes involving multiple claims, long timelines, and conflicting coverage positions between insurers. A recent federal court in Delaware, General Cable Corp. v. Scottsdale Indemnity Co., No, 1:24-CV-00797-TMH, 2025 WL 2576384, (D. Del. Sept. 5, 2025) underscores the timing risks in pursuing recovery in and out of litigation. In a word of warning to Delaware policyholders, the court dismissed a lawsuit against a manufacturer’s directors and officers excess liability insurers because its claims were either not ripe for adjudication or untimely filed.

In recent weeks, the House Committees on Energy & Commerce and Natural Resources considered several legislative proposals that contemplate amendments to, among other things, the Federal Power Act, National Environmental Policy Act, and federal oil and gas leasing policy.

The Hawaii Supreme Court emphatically rejected insurer efforts to seek reimbursement of defense costs absent a provision in the policy providing for such reimbursement in St. Paul Fire & Marine Insurance Company v. Bodell Construction Company, No. SCCQ-22-0000658, 2023 WL 7517083, (Haw. Nov. 14, 2023). The state high court’s well-reasoned decision rests on bedrock law regarding insurance policy construction and application, follows the nationwide trend of courts compelling insurers to satisfy their contractual obligations in full, and should carry great weight as other jurisdictions continue to debate the same issue.