Expert Analysis

When Insurer Insolvency Won't Trigger Excess Coverage

With its recent decision in A.R. Wilfley v. National Union Fire Insurance, the Colorado Supreme Court joins a grow... (more story)

5 Ways Trial Attys Can Build Mental Health Counseling Skills

Studies demonstrate that many attorneys are not equipped to respond adequately to trauma exposure, but trial lawye... (more story)

How Rule 45 Update May Change Remote Trial Subpoenas

The Committee on Rules of Practice and Procedure's recently recommended update to Rule 45 of the Federal Rules of ... (more story)

Property More

LA Affordable Housing Developer Talks High Premiums

The Little Tokyo Service Center in Los Angeles has struggled in recent years to develop and maintain affordable housing as insurance costs have increased, but its executive director says there are promising wa... (more story)

Ariz. Justices Raise Bar For Insurers' Fortuity Defense

The Arizona high court for the first time defined a "fortuitous loss" under property insurance policies. The decision raises the standard for insurers seeking to dismiss coverage claims based on foreseeable risks.

Zurich Gets 11th Circ To Shrink Solar Co.'s Coverage Win

Zurich American Insurance convinced the Eleventh Circuit on Thursday to narrow First Solar Electric LLC's $12.2 million jury win in a coverage dispute over rain damage, but the appeals court backed the bulk of... (more story)

Fla. Justices Say Presuit Notice Requirement Isn't Retroactive

A Florida statute requiring policyholders to notify state regulators before filing suit against an insurer does not apply retroactively to policies purchased before the law went into effect, the Florida Suprem... (more story)

Liberty Mutual Must Tailor Auto Rental Coverage, Judge Says

A Massachusetts judge has ruled that a Liberty Mutual unit failed to fulfill its obligation to provide policyholders with replacement transportation for as long as "reasonably required" after a wreck.

Insurance Litigation Week In Review

An Arizona landlord gets a redo in a $2.7 million water damage coverage dispute, two Travelers units needn't face a fire loss suit brought by cryptocurrency mining companies, and a Michigan appeals panel clari... (more story)

NJ Panel Revives Hill Wallack Malpractice Suit

A New Jersey state appeals court panel ruled Tuesday that a trial court must rethink its dismissal of a suit accusing Hill Wallack LLP of mishandling the defense of a family facing labor trafficking allegation... (more story)

NC Warehouse Owner Wins $1.94M Verdict In Insurance Fight

A North Carolina federal jury awarded nearly $2 million to the owner of a warehouse after determining his insurer improperly delayed issuing a decision for coverage of a fire at the building and wrongfully acc... (more story)

9th Circ. Renews Coverage Suit Under Ariz. 'Fortuity' Test

The Ninth Circuit has revived a landlord's suit seeking coverage for $2.7 million in water damage after the Arizona Supreme Court for the first time defined a "fortuitous loss" in an insurance policy in respon... (more story)

Reel Justice: 'The Odyssey' And Making Tough Trial Choices

In “The Odyssey,” Odysseus succeeds because he abandons the search for a perfect answer, highlighting for litigators why successful advocacy is about making thoughtful choices that circumvent cognitive biases ... (more story)

General Liability More

CMS Hit With Another Broker Suit Over ACA Registration Bar

The Centers for Medicare & Medicaid Services has been hit with another suit by health insurance brokers alleging the agency is unlawfully blocking them from registering to help individuals find Affordable Care... (more story)

NC Panel Affirms $10 Nominal Damages In Insurance Fight

A split North Carolina appellate panel Wednesday affirmed $10 in nominal damages to a receiver in an insurance dispute, agreeing with a lower court that the receiver for a driver named in an injury suit did no... (more story)

Insurer Says Seattle Club Worker's Injury Suit Not Covered

An insurer asked a Washington federal court to find it has no duty to defend or indemnify a downtown Seattle nightclub in a suit from a former manager who was shot while working a New Year's Eve event, arguing... (more story)

What Colo. High Court Will Weigh In Insurer Disclosure Case

In Bohanan v. Esurance, the Colorado Supreme Court will decide whether an insurance policy must be produced to a claimant notwithstanding the insurer's coverage position, and the court's interpretation of what... (more story)

Insurers Say Other Carrier Owes $7M For Bad Faith Defense

A pair of Liberty Mutual insurers said another insurer must repay them $7 million for payments made to satisfy a judgment against an ice cream company, telling a Florida federal court that the other carrier re... (more story)

Bond Co.'s Insurers Must Defend Trafficking Suit, Court Told

Insurers for a Florida bail bonds business accused of forcing four women to engage in sexual acts in exchange for reduced bonds must defend the company against the underlying claims, the women told a Florida f... (more story)

Insurer Seeks To Curb Coverage For Talc Co. Asbestos Suits

An insurer said it owes limited or no coverage to a mineral producer in lawsuits bringing claims of injuries caused by exposure to asbestos in talc that the company mined and distributed, telling a Vermont fed... (more story)

GKN Says Insurers Owe Defense In Overheated Tank Suits

GKN Aerospace Transparency Systems Inc. told a California federal court Thursday that its insurers are improperly refusing to honor their duty to defend the company in lawsuits and a civil investigation stemmi... (more story)

Biz Interruption Losses Surge In 'Volatile' Market, Allianz Says

The average value of business interruption claims has increased by over 30% annually over the past two years, with the average claim nearing $1 million, due to factors such as geopolitical tensions, fragile su... (more story)

Insurer Can't Dodge Igloo Cooler Injury Suit Coverage Row

Several class actions alleging consumers were injured by defective handles on Igloo roller coolers triggered an insurer's duty to defend the company, an Illinois federal judge said Wednesday, denying most of t... (more story)

Specialty Lines More

Driving Boat to Oilfield Isn't Maritime Work, 5th Circ. Says

Using a boat to transport workers to oil platforms off the Louisiana coast does not make a labor supplier and oil producer's services agreement a maritime contract with an enforceable indemnity provision, a Fi... (more story)

OB-GYN Not Covered In Abortion Mishap Suit, Insurer Says

An insurer said it owes no coverage to a Washington state OB-GYN accused of advising a patient to terminate a normal pregnancy based on a misdiagnosis, telling a federal court that the patient's request for me... (more story)

Liberty Mutual Escapes Spyware Class Claims

A website wiretapping lawsuit against Liberty Mutual Insurance was thrown out for lack of standing Tuesday, after a Pennsylvania federal judge found the proposed lead plaintiff hadn't claimed any sensitive, pe... (more story)

When Indemnity, Purchase Price Adjustment Claims Overlap

The Delaware Court of Chancery's recent decision in WSP v. Versar highlights that courts are willing to enable a buyer to select either indemnity or purchase price adjustment mechanisms, even if the parties di... (more story)

North Carolina's Funding Ban Is An Outlier, Not A Model

A recent Law360 guest article argues that North Carolina's litigation funding ban should be adopted by other states, but that analysis overstates what North Carolina did and misjudges how the law will travel, ... (more story)

Planning For D&O Exclusions As Risks Mount For Banks

Banks should scrutinize directors and officers exclusions for artificial intelligence, disclosure and cybersecurity risks during policy renewal negotiations to preserve coverage amid the current uptick in insu... (more story)

9th Circ. Ruling Broadens Data Breach Risks For Insurers

The revival of a data breach class action has insurance and cybersecurity experts concerned that policyholders and carriers may have to shoulder additional expenses.

Insurance Litigation Week In Review

A Georgia couple's jurisdictional challenge was denied, an auto parts seller can't get extra coverage for damaged inventory, and an Allianz unit can't dodge a suit seeking coverage for Igloo cooler injuries. L... (more story)

Medical Practice Says Coverys Owes Defense In Abuse Suits

A Massachusetts medical practice that employed a rheumatologist now accused of sexually abusing hundreds of patients is asking a judge to find that insurer Coverys is obligated to defend and indemnify it and s... (more story)

Farmers Insurer Must Face Proposed Class Life Policy Claims

A Seattle federal judge refused on Tuesday to toss a proposed class action against a Farmers Insurance subsidiary, concluding the plaintiff has leveled valid contractual and consumer protection claims based on... (more story)