Expert Analysis

10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators... (more story)

Notable Q1 Updates In Insurance Class Actions

The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, inclu... (more story)

Asbestos Trusts' Records Purge Threatens Claims Process

Recent announcements by 11 asbestos bankruptcy trusts that they plan to destroy legacy data and documents related ... (more story)

Property More

$1.1M Hail Coverage Suit Against Travelers Is Time-Barred

An Oklahoma property owner cannot get revised coverage from two Travelers units for more than $1.1 million in claimed hail damage repairs, an Oklahoma federal court ruled, finding that after Travelers paid rou... (more story)

Zurich Unit Avoids Health Facility's COVID Coverage Claims

A Zurich unit owes no coverage to a senior living facility for COVID-19-related losses it sought under its property policy's communicable disease provision, an Alaska federal court ruled Friday, finding the go... (more story)

Judge Lifts Arbitration Order In Hurricane Coverage Suit

A Louisiana federal judge Wednesday reversed his decision compelling arbitration of an insurance dispute over coverage for hurricane damage in light of new precedent from the state's top court, pointing to a "... (more story)

Insurance Litigation Week In Review

California property owners affected by recent wildfires accused hundreds of insurers of collusion, Colorado's justices said no exception exists to the state's economic loss rule for willful and wanton conduct ... (more story)

Pest Co.'s Ex-Employee Not Covered In Child Assault Suit

An insurer for a pest control company needn't cover a suit alleging a former employee assaulted a minor whom he recruited to work at the business, a Mississippi federal court ruled, finding that neither the em... (more story)

Law Prof Pushes For Regulating Sustainability In Insurance

Consumers should have more information about the sustainability features of their ordinary insurance products, but existing regulations in the United Kingdom and Europe don't encourage transparency or innovati... (more story)

Xcel Says Holding Co. Doesn't Belong In Colo. Wildfire Case

Xcel Energy Inc. told a Colorado state court it shouldn't be named as a defendant in consolidated litigation seeking to hold it and two subsidiaries liable for a 2021 wildfire, arguing that the plaintiffs coul... (more story)

9th Circ. Asked To Modify Ruling In LA Port Co. Coverage Row

A Los Angeles port operator's insurer asked a three-judge panel in the Ninth Circuit to rethink part of its decision ordering a jury trial on the amount of defense costs the operator incurred while litigating ... (more story)

Real Estate Co.'s $1.9M Title Insurance Suit Gets Tossed

A real estate company could not show that its suit seeking $1.9 million in coverage for a title defect that limited access to its San Diego industrial property belonged in federal court, a California judge fou... (more story)

Justices Nix Appraiser's Petition Seeking Arbitral Immunity

An insurance appraiser failed Monday to get the U.S. Supreme Court to define what "arbitration" actually means under the Federal Arbitration Act, seeking immunity after a Colorado state jury found he fraudulen... (more story)

General Liability More

Ga. HOA Not Covered In $10M Dog Attack Suit, Insurer Says

An insurer told a Georgia federal court that it doesn't owe coverage to a homeowner's association in a $10 million suit brought by a woman who said she was viciously attacked by her neighbor's dogs in part bec... (more story)

Meta MDL Judge Doubts Insurers' Bid To Kick Fight To Del.

A California federal judge presiding over sprawling social media personal injury multidistrict litigation doubted on Wednesday insurers' arguments their multimillion-dollar coverage fight with Meta belongs in ... (more story)

Insurer Says No Coverage For $7.8M Tornado Damage Suit

The insurer for a construction inspection company claimed it owed no coverage for a suit alleging the company overlooked deficiencies that contributed to a $7.8 million tornado loss, telling a New Jersey feder... (more story)

No Coverage For Shopping Mall In Shooting Suit, Insurer Says

Scottsdale Insurance Co. has told a Florida federal court that the owner of part of a shopping plaza isn't owed coverage for a $1 million personal injury lawsuit brought by a man who was shot in the parking lo... (more story)

Insurer Urges 11th Circ. To Nix Law Firm Malpractice Coverage

An insurance company has urged the Eleventh Circuit to revive its lawsuit seeking a ruling that it does not have to defend Georgia law firm Fellows LaBriola LLC in a malpractice case because of a misappropriat... (more story)

Insurer Gets $16M Coverage Suit Stayed For NY Court Appeal

A New York federal court paused an insurer's dispute over coverage for a $16 million default judgment entered against its insureds in a wrongful death suit due to an ongoing appeal concerning the vacatur of that judgment.

Colo. Justices Say Insurer Can't Escape 'Economic Loss' Rule

Colorado Supreme Court justices on Monday said an insurer can't escape an economic loss rule that precludes parties from bringing tort claims over a breach of duty arising from a contract, holding that the rul... (more story)

11th Circ. Revives Fla. Lodge's Bad Faith Claim Over Shooting

The Eleventh Circuit on Friday reversed a $3.3 million judgment against a Florida lodge over a shooting that resulted in a woman's death, finding in a split ruling a jury should decide the bad faith issue of w... (more story)

No Coverage For $1M Mechanical Bull Injury Suit, Insurer Says

An insurer said it has no duty to defend or indemnify a party equipment rental company in an underlying suit over injuries a child suffered while riding a mechanical bull at an event, telling a Texas federal c... (more story)

Insurer Says Smoke Shop Not Covered In Nitrous Oxide Suit

An insurer for a smoke shop told a Florida federal court it owes no coverage for a proposed class action accusing various shops of selling nitrous oxide products for recreational drug use, pointing to an exclu... (more story)

Specialty Lines More

Benefits Co. Failed To Protect Personal Info, Suit Says

An employee benefits administrator failed to properly secure and safeguard private information of benefits recipients, including their names and Social Security numbers, that was later compromised in a data br... (more story)

Insurer Says No Coverage For Nursing Home Negligence Deal

An insurer shouldn't have to pay for a settlement that a healthcare management company reached following a nearly $3.3 million jury verdict in an underlying nursing home negligence suit, the carrier told a Was... (more story)

Shopify Privacy Ruling May Spark New Wave Of Litigation

A Ninth Circuit ruling that revived a suit alleging Shopify violated privacy laws using tracking software cleared a key procedural bar that could open the floodgates to a new wave of litigation, threatening to... (more story)

Insurer Skirts Bad Faith Claim In $60M Liposuction Death Row

The professional liability insurer for a Georgia cosmetic surgery provider didn't act in bad faith in handling a liposuction patient death claim that eventually led to a $60 million judgment, a Utah federal co... (more story)

Exclusion Bars Coverage For Trade Secrets Suit, Insurer Says

An engineering firm's directors and officers insurer told a Nebraska federal court Monday it should owe no coverage for a settled lawsuit that accused the firm of conspiring to poach a rail contractor's employ... (more story)

Calif. Homeowners Say Insurers Colluded To Limit Coverage

California property owners affected by the Los Angeles wildfires accused over 300 insurers of conspiring to eliminate competition in the marketplace, forcing consumers to instead obtain fire insurance from the... (more story)

Insurers Clash Over Coverage In Racetrack Injury Suit

Acuity Insurance LLC wants a Pennsylvania federal court to join two other insurers to its defense of a client accused of designing inadequate safety barriers at a Lancaster County raceway, claiming the other c... (more story)

High Court's Cornell Ruling Eases Path For ERISA Suits

The U.S. Supreme Court's revival of Cornell University workers' class action alleging excessive retirement plan fees will likely spur a rise in lawsuits zeroing in on employers' arrangements with recordkeepers... (more story)

NC Justice Unsure Contractor Can Avoid Workers' Comp Payout

A North Carolina Supreme Court justice seemed skeptical of a construction company's argument that a sheriff's department should cover the entire cost of a workers' compensation payout to a deputy injured while... (more story)

Chancery Fast-Tracks Suits Targeting Reinsurance Offshoring

A trio of Oxford Risk Management Group LLC reinsurance customers this week won fast-tracking of three Court of Chancery suits that raised multiple claims, including for treble damages, after ORMG declared that... (more story)