Expert Analysis

Discovery Into Insurers' AI Use Should Stay Proportional

As insurers increasingly use artificial intelligence to make claim decisions, plaintiffs in first-party coverage l... (more story)

Mitigating The Risk Of Antiestablishment Jurors

The legal battles currently embroiling social media companies underscore that jurors with anti-corporate bias and ... (more story)

Notable Q2 Updates In Insurance Class Actions

After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theorie... (more story)

Property More

Woman's Hit-And-Run Injuries Not Covered, 8th Circ. Says

A woman struck by a vehicle while crossing the street is not entitled to uninsured motorist coverage under her employer's auto policy, the Eighth Circuit ruled Thursday, saying she was not an insured under the... (more story)

Insurance Litigation Week In Review

Colorado's justices agreed to review policy disclosure obligations for auto insurers, the Eighth Circuit partially revived a contractor's First Amendment challenge to Iowa's public adjuster laws, and a Michiga... (more story)

AIG Beats Bid For New Trial Over Fla. Mansion's Irma Claim

A Florida federal judge on Monday denied a homeowner's bid for a new trial following a jury's verdict that didn't specify damages when it found AIG mishandled a claim for Hurricane Irma-related damage to a $95... (more story)

Reel Justice: 'Disclosure Day' Teaches Attys To Listen

The underlying message in “Disclosure Day” suggests that communication often breaks down because of a failure to hear and understand, highlighting why a lawyer's ability to listen is not ancillary to their pra... (more story)

3 Ways Policyholders Can Challenge AI Claims Handling

As artificial intelligence tools become increasingly embedded in insurance claims handling, policyholders in coverage litigation should seek discovery of AI training data as payout-optimizing software may bols... (more story)

8th Circ. Partially Revives Iowa Adjuster Law Challenge

The Eighth Circuit has revived a residential contractor's claim that its First Amendment rights were violated when the Iowa Insurance Division issued warning notices pursuant to the state's public adjuster law... (more story)

State Farm Attys Admit Filing Motions Full Of AI Hallucinations

A law firm representing State Farm has admitted that its pretrial motions contained citations to nonexistent cases and legal quotes, errors that were seemingly "hallucinations" generated by AI software designe... (more story)

Insurance Litigation Week In Review

New Jersey justices clarified a statute mandating equal uninsured and underinsured motorist coverage. A doctor is covered for stalking claims. And what is commonly known as a bump-up exclusion barred coverage ... (more story)

Carrier Growth Comes At Insureds' Expense, Report Shows

A first-of-its kind report shows a strong insurance market and rising profits. At their same time, premiums have headed up across every U.S. region since 2018.

NC Biz Court Bulletin: Judges Retire, HCA Suit Heads To Trial

The North Carolina Business Court dropped a host of heavy-hitting opinions in July ahead of two judicial retirements and a new chief judge rising in the ranks.

General Liability More

Costco Drops Chicken Drippings Slip-And-Fall Coverage Row

Costco has agreed to dismiss claims seeking coverage for an underlying suit from a man who was injured when he slipped on rotisserie chicken drippings in a California store, according to a joint motion to dismiss Wednesday.

Zurich Says Exxon Ignored Bid For Cancer Suits Billing Info

Zurich American Insurance Co. asked a New Jersey magistrate judge on Wednesday to order Exxon Mobil Corp. to turn over unredacted defense invoices, payment records and counsel evaluations in relation to benzen... (more story)

NM Judge Tosses Insurer's Asbestos Coverage Dispute

A New Mexico federal court tossed an insurer's lawsuit seeking to avoid coverage for personal injury suits alleging asbestos exposure at a health facility renovation project commissioned by the city of Albuque... (more story)

Colo. Justices To Weigh Insurer's Policy Disclosure Duty

The Colorado Supreme Court has agreed to review whether an insurer must turn over an auto insurance policy under state disclosure law even when the policy was not in effect at the time of the underlying accident.

DC Circ. Backs EPA Forever Chemicals Rules

The D.C. Circuit Tuesday backed the U.S. Environmental Protection Agency's designation of the two most common forms of forever chemicals as hazardous substances under federal Superfund law, rejecting arguments... (more story)

How Copa América Reshaped Crowd Security Risk Planning

Two years after crowds overwhelmed security at the Copa América Final in Florida, the host stadium's updated practices demonstrate a reassessment of the standard of reasonable care for large events, illustrati... (more story)

Law Firm Says Insurer Burned Limits On Thin Defense

A Texas law firm facing multiple barratry lawsuits fought for its case alleging its insurer improperly cut off defense funding for the underlying suits, telling a federal court the insurer burned through the p... (more story)

Lindberg Carriers Urge NC Panel To Affirm $467M Judgment

Several insurance companies asked a North Carolina state appeals court to affirm a $467 million fraud damages award granted by a trial court against convicted insurance magnate Greg Lindberg and his private in... (more story)

11th Circ. Says Insurer's Appeal Is Moot After Settlement

The Eleventh Circuit has dismissed Mt. Hawley Insurance Co.'s appeal of a ruling requiring it to defend a subcontractor in a wrongful death lawsuit, saying the settlement of the underlying suit in a Florida st... (more story)

Bridal Shop's Fire Coverage Suit Should Be Axed, Judge Says

A state court finding that insurers needn't cover a contractor in an underlying suit over fire damage to a bridal shop bars the shop from pursuing coverage from the carriers for a $38 million judgment against ... (more story)

Specialty Lines More

Insurers Owe No Coverage For $40M Retirement Plan Deal

Three excess insurers owe no coverage for a $40 million settlement that a church retirement plan administrator reached to resolve claims of self-dealing, a California federal court ruled, finding the claims we... (more story)

Claims Handler's Insurer Freed From $7M Personal Injury Row

An excess insurer for an insurance claims handler owes no coverage for a demand by a former client of the claims handler to indemnify the client against a plaintiff seeking to collect on a $7 million personal ... (more story)

Cyber Coverage Sublimits Contain Gaps, Insurance Atty Says

Ransomware attacks are a driving force behind cyberinsurance claims, and disputes between insurers and policyholders are increasingly focused on the scope of coverage available in light of sublimits attached t... (more story)

Med Co. Director's Fiduciary Claims Not Covered, Judge Says

A Nationwide unit had no duty to defend or indemnify a medical diagnostics company's directors against another director and shareholder's fiduciary breach allegations, a California federal court ruled, saying ... (more story)

Cyber Policies Don't Cover Antitrust Claims, Insurers Say

Insurers urged a Colorado federal court to deny a real estate investment trust's bid for a pretrial win in a dispute over coverage for antitrust claims against landlords accused of using RealPage Inc.'s softwa... (more story)

AIG Exclusion Doesn't Bar Multiplied Damages, Judge Says

A California federal judge in a narrow ruling declared that a portion of Kaiser Foundation Health Plan's insurance policy does not automatically bar coverage for a portion of a $581 million False Claims Act se... (more story)

Insurer Denies $10M Duty To Recycler In Lead Exposure Case

An insurance company is arguing it has no obligation to cover any part of a $279 million insurance pool that battery recycler Gopher Resource LLC promised to people who filed a class action claiming they suffe... (more story)

Gallagher Must Face Suit Over Tech Loan Coverage Losses

A New York federal judge refused to dismiss an insurer's claims alleging Arthur J. Gallagher & Co. entities gave misleadingly positive information about the finances of tech companies participating in a lendin... (more story)

Taxation With Representation: Miller Thomson, Bennett Jones

In this week's Taxation With Representation, GO Residential Real Estate Investment Trust and a consortium of buyers acquire H&R Real Estate Investment Trust, insurance exchange Accelerant goes private in a dea... (more story)

Paul Hastings, Goodwin Steering $4B Accelerant Take-Private

Insurance exchange Accelerant said on Thursday it has agreed to be acquired by private equity firm Thoma Bravo in an all-cash deal that will take the company private at a more than $4 billion valuation, with P... (more story)