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Emma Leonelli advises corporate policyholders and deal participants in complex insurance recovery and transactional risk matters. Her practice centers on representations and warranties insurance (RWI) placement and claims, as well as high-stakes insurance recovery litigation and pre-litigation counseling.

The Appraisal Process

Even when an insurer agrees to cover an insurance claim, disputes often arise between the insurer and the insured as to the valuation of the loss, particularly for claims under commercial property and business interruption policies.  In these circumstances, policyholders should consider whether and to what extent the dispute could be resolved through an appraisal process before resorting to litigation.

Continue Reading The Appraisal Clause: What It Is, and When to Enforce It

On June 29, 2023, the U.S. Supreme Court struck down the race-conscious admissions programs at Harvard University and the University of North Carolina at Chapel Hill in a pair of cases brought by Students for Fair Admissions (SFFA).  The Court in SFFA found the universities in violation of the Equal Protection Clause and Title VI of the Civil Rights Act, holding that the diversity-focused admissions programs “lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points.”

Continue Reading What You May Not Know about The Supreme Court’s Ruling in SFFA—Insurance Coverage Implications for All Industries