Expert Analysis

Notable Q4 Updates In Insurance Class Actions

Last quarter featured a novel class action theory about car rental reimbursement coverage, another win for insurer... (more story)

NC Ruling Shows Mallory's Evolving Effects For Policyholders

A recent North Carolina decision, PDII v. Sky Aircraft, demonstrates how the U.S. Supreme Court's consequential ju... (more story)

What To Know About Project-Specific Professional Liability

The ongoing rebuild of the Francis Scott Key Bridge is an example of a construction megaproject that may call for ... (more story)

Property More

Senior Community Says Insurer Owes Millions In Coverage

A Kansas-based senior living community claimed in Colorado federal court that its insurance company failed to pay out what it owed as part of the community's policy after a sprinkler system in the facility bur... (more story)

Jury Clears Insurer In $4M Apartment Shooting Suit

AMCO Insurance Co. doesn't owe an Atlanta apartment complex coverage in an underlying dispute brought by a resident who was shot while sleeping, a jury ruled Wednesday, finding that the complex's delay in noti... (more story)

Liberty Unit Seeks Coverage Repayment For Bio-Lab Fire

A Liberty Mutual unit told a Georgia federal court that chemical manufacturer Bio-Lab Inc. and its parent companies owed it for payments it made to a textile business for property damage from a 2024 chemical plant fire.

Texas Justices Says Tornadoes Are Windstorms Under Policy

The Texas Supreme Court on Friday held that the ordinary meaning of the term "windstorm" in a homeowners policy unambiguously encompasses a tornado, confirming that a higher windstorm deductible applied to a D... (more story)

Split 5th Circ. Backs State Farm After 'Fecal Catastrophe'

A split Fifth Circuit on Thursday agreed with a lower court's finding for State Farm that the source of sewage that flooded a Mississippi family's home absolved the insurer of coverage, while one circuit judge... (more story)

Calif. Insurance Chief Backs Smoke Standards Bill

California Insurance Commissioner Ricardo Lara announced his support Wednesday for a bill that would establish the nation's first public health and insurance claims standard for homes damaged by smoke contamination.

Insurance Litigation Week In Review

A California court expands policy disclosure requirements for auto insurers, an opioid insurer decision in Pennsylvania, and a New York decision on litigation coverage for an herb supplier. Law360 looks at the... (more story)

Insurer Seeks To Cap Coverage In $3M Medical Transport Row

An insurer for a medical transport company asked a Virginia federal court to find that its liability is limited to a small fraction of the $3 million in damages sought by a woman alleging she was permanently i... (more story)

Allstate Denies Coverage For Uber Driver's Deadly Road Rage

Allstate called on a Seattle federal judge to find that it has no duty to defend a delivery driver from a wrongful death lawsuit alleging he fatally shot and killed another man during an apparent road rage inc... (more story)

Insurer Gets Counterclaims Tossed In Pot Co. Fire Dispute

A Maryland federal judge has dismissed counterclaims against Knight Specialty Insurance Co. in a suit over coverage of a fire that destroyed an insured's cannabis crop, while striking the cannabis grower's ans... (more story)

General Liability More

Ga. Property Manager Not Covered For Apartment Fire Claims

An insurer has no duty to defend or indemnify a property management company against any claim stemming from a 2021 fire at a Peach State apartment complex, a Georgia federal court ruled, saying the company fai... (more story)

Injury Damages Capped For Ex-Yale Law Assistant Dean​​​​​​​

A Connecticut federal judge has capped an insurer's potential liability in an injury suit filed by a former Yale Law dean of students who was struck by a driver, saying she cannot pursue damages exceeding poli... (more story)

Judge Limits Insurers' Exposure in Opioid Coverage Fight

Insurers garnered several wins Tuesday in a dispute over coverage for thousands of opioid suits against bankrupt pharmaceutical company Endo International, with a Pennsylvania federal court ruling favorably fo... (more story)

Insurer Owes No Coverage For Contamination Suit Threat

An insurer for an herb supplier owes no coverage for a threat from a customer seeking over $1 million in reimbursements for alleged losses tied to salmonella contamination, a New York federal court ruled, sayi... (more story)

Insurer Says No Coverage For $10M Truck Crash Dispute

An insurer said it has no duty to defend or indemnify a transportation company or one of its truck drivers against another worker's $10 million suit stemming from a crash, telling a Texas federal court that th... (more story)

Lloyd's Settles $5M Dispute Over Trenton Arrest

Lloyd's of London underwriters have resolved their feud with a New Jersey man after initially refusing to pay their share of a $5 million settlement the man obtained from the city of Trenton after he was arres... (more story)

Abuse Claimants Can't Enter Coverage Fight, Insurer Says

Former residents of a boys group home in Washington state cannot intervene in a dispute over coverage for underlying claims of physical and sexual abuse, the facility's insurer told a federal court, saying the... (more story)

Colo. Appeals Panel Expands Insurer Disclosure Obligations

A Colorado Court of Appeals panel Thursday found that a copy of an insurance policy obtained by the at-fault driver after a crash is still required to be disclosed to the victim driver in litigation in a split... (more story)

Judge Orders Insurer To Pay Auto Injury Claims To Providers

State Farm Insurance can't withhold benefits for its insureds seeking care at an automobile-crash-focused healthcare company, a Florida state judge ruled Wednesday, finding that the medical provider can delay ... (more story)

Insurer Seeks Exit From Ga. Cemetery Misplaced Body Row

An insurer said it has no duty to defend an Atlanta cemetery from a suit by a woman alleging the cemetery failed to bury her husband in the proper plot, telling a Georgia federal court that notice of the incid... (more story)

Specialty Lines More

McCarter & English Can't Tank $22M Suit, Insurer Says

Two insurance companies have urged a Connecticut Superior Court judge to maintain a $22.3 million professional negligence lawsuit against McCarter & English LLP, saying document production delays don't warrant... (more story)

Insurer Must Defend Real Estate Firm Against Copyright Suit

An insurer must defend a real estate company against claims that it infringed an architect's copyright in marketing materials for a newly-built home, a Massachusetts federal court ruled, finding that an exclus... (more story)

Nationwide ERISA 401(k) Class Action Heads To Bench Trial

Nationwide Mutual Insurance Co. must face a trimmed class action pursued by employee 401(k) plan participants alleging mismanagement, an Ohio federal judge ruled in an opinion unsealed Monday, telling the part... (more story)

Insurers Sued Over Nix Of $4M Coverage In Competition Fight

A Florida luxury vehicle company locked in a lawsuit with a competitor alleging deceptive trade practices was wrongfully denied insurance coverage under a directors and officers policy, forcing the auto compan... (more story)

NY Law Firm Can't Pause Client's R&W Coverage Arbitration

A New York state court rejected a law firm's request to pause arbitration related to a buyer-side representations and warranties policy that the firm's client issued to a bank, saying the firm lacked standing ... (more story)

McCarter & English Wants To Torpedo $22M Malpractice Suit

McCarter & English LLP on Thursday asked a Connecticut Superior Court judge to sink a $22.3 million professional negligence lawsuit by two struggling insurers, saying failures to provide documents or knowledge... (more story)

Yale Health System Seeks $4.1M Coverage For Transplant

A Liberty Mutual unit breached a stop-loss insurance policy by denying Yale University's health system $4.1 million in coverage for a plan member's bone marrow transplant, the system told a Connecticut federal court.

Insurance Litigation Week In Review

The Sixth Circuit will review class certification in a suit over State Farm's totaled-vehicle valuation formula. The Second Circuit upheld a pause on collection actions against Geico. Law360 takes a look at th... (more story)

Under Armour Wants 4th Circ. To Review $100M Coverage Cap

Under Armour asked the Fourth Circuit to review a recent ruling that capped its coverage for a securities class action, government investigations and derivative matters at $100 million, saying the panel overlo... (more story)

How Insurers Are Wording AI Exclusions

Artificial intelligence exclusions are now available for use in insurance policies, meaning corporate risk managers must determine how those exclusions are interpreted and applied, and how they define AI, says... (more story)