February 2026 Insurance Update

It was a busy month for courts on insurance issues.

We begin in Illinois. If an insured has a permit that authorizes a certain level of emissions, are those emissions pollutants for purposes of a pollution exclusion? The Illinois Supreme Court instructs on the relevance of a permit when assessing whether a pollution exclusion applies.

In Delaware, the state’s high court discusses the contours of a “bump up” exclusion in a D&O policy.

The Fourth Circuit tackles the issue of related claims common in securities litigation.

The Fifth Circuit pulls back on earlier rulings that sent Louisiana insurance disputes to arbitration.

An Indiana federal judge considers whether crane inspectors were performing “professional services” where that term was undefined in an exclusion.

And a Wyoming federal judge decides whether the insured vs. insured exclusion applies to litigation by a board member over a merger.

We hope that you find these cases informative.