Expert Analysis

How 2 Decisions Reframed Witness-Centered Trials

The recent Maryland federal jury verdict in U.S. v. Goldstein and the U.S. Supreme Court decision in Villarreal v.... (more story)

3 Policy Lines To Revisit After Justices Nix Emergency Tariffs

The U.S. Supreme Court's invalidation of President Donald Trump's emergency-based tariffs could expose businesses ... (more story)

Emissions Permits May Not Override Pollution Exclusions

Two recent coverage rulings from the Illinois Supreme Court and the Third Circuit suggest a trend among appellate ... (more story)

Property More

Justices Won't Review Erie Indemnity Fee Dispute

The U.S. Supreme Court said Monday it will not review a decision vacating a temporary halt on a Pennsylvania suit challenging Erie Indemnity Co.'s collection of a management fee.

Chubb Moves To Toss Shareholder's Climate Proposal Suit

Insurance company Chubb Ltd. is fighting an effort to place a climate-related question on its annual corporate ballot, telling a Washington, D.C., federal judge that the shareholder championing the proposal is... (more story)

Insurance Litigation Week In Review

A Zurich unit and engineering firm may seek indemnification from a subcontractor for an injury suit settlement, an AIG insurer doesn't owe coverage for a $150 million legal bill, and a Berkshire Hathaway unit ... (more story)

How Data Centers Can Prep For Legal Challenges Amid War

Amid conflict in the Middle East, data centers may now be exposed to state-level kinetic threats, creating significant legal, regulatory and contractual implications, so operators should update their legal and... (more story)

Kenyan Firm's Boeing Crash Fee Dispute Largely Proceeds

An Illinois law firm couldn't escape claims that it owes a Kenyan law firm upward of $1.5 million as part of a fee-sharing agreement stemming from a settlement with Boeing over the 2019 Ethiopian Airlines 737 ... (more story)

Human Diligence Crucial As AI Raises Real Estate Fraud Risks

A recent title fraud warning from Florida officials demonstrates that artificial intelligence has lowered the barrier to committing complex property scams, forcing real estate industry stakeholders and attorne... (more story)

How The Iran War Has Snarled Global Oil & Gas Shipping

The Iran war has effectively closed a key global shipping lane for oil and gas, and the resulting logjam is causing major headaches for companies responsible for transporting oil and gas from the Middle East t... (more story)

Stihl Escapes Insurer's NJ Fire Coverage Suit

Chainsaw manufacturer Stihl Inc. can't be held liable on claims that one of its batteries caused a house fire, a New Jersey federal judge ruled, ending the case because the plaintiff's experts could not prove ... (more story)

Tanger Asks NC Justices Not To Review COVID Coverage Suit

Two insurers failed to establish an error justifying review from the North Carolina Supreme Court of a decision allowing Tanger Factory Outlet Centers Inc. to seek $50 million in pandemic-related coverage, the... (more story)

Insurance Litigation Week In Review

A long-term care insurance provider is entitled to $45 million in coverage for premium increase suits, a group of insurers don't owe coverage for a Georgia school's $345 million sexual abuse settlement, and Ge... (more story)

General Liability More

Timeshare Exit Co.'s Insurer Challenges $630M Class Deal

Insurance provider General Casualty Co. of Wisconsin on Friday challenged client Reed Hein & Associates LLC's $630 million settlement with a class of Reed Hein customers in Washington federal court, saying the... (more story)

Insurers Seek Early Win In $22M Berkshire Antitrust Case

A group of insurers sued by a Berkshire Hathaway-owned construction supplier have asked a Colorado federal judge for an early win in the suit, claiming they have no duty to indemnify the damages in an underlyi... (more story)

Health Insurers Can't Force Conn. ERISA Row Into Arbitration

Elevance Inc. can't compel arbitration of a union health plan's allegations the insurer caused it to pay excessive administrative fees and medical costs, a Connecticut federal judge ruled, finding the insurer ... (more story)

Zurich Says No Coverage For $19M Faulty Pipeline Award

A pipeline construction company is not entitled to coverage for a $19 million interim arbitral award issued to a midstream energy company, several Zurich insurers told a Missouri federal court, saying the dama... (more story)

Insurer Can't Cancel Motor Carriers' Auto Policy

A Texas federal court blocked an insurer's effort to prematurely cancel an auto liability policy for a federally authorized group of motor carriers, agreeing with the companies that such an action would cause ... (more story)

Liberty Mutual Unit Must Defend Hotel Co. In Trafficking Suits

A Liberty Mutual unit must defend Red Roof Inn in 11 suits claiming that the hotel chain financially benefited from human trafficking, an Ohio federal court ruled, saying the claims constitute an occurrence fo... (more story)

Sandwich Co.'s Wage Disclosure Coverage Suit Gets Tossed

A sandwich chain can't proceed with a suit seeking coverage for a class action claiming it violated Washington's Equal Pay and Opportunities Act, a Washington federal court ruled Thursday, saying the underlyin... (more story)

Meta Coverage Ruling Could Erode Broad Duty To Defend

A Delaware court recently decided that Meta's insurers need not defend the company from lawsuits alleging addictive platform design — a troubling decision for policyholders that, if upheld, warns that insureds... (more story)

Norfolk Southern Secures Insurer Defense Over Worker Death

Nautilus Insurance Co. must defend Norfolk Southern Railway Co. in a state tort action over the death of a salvage worker, a New York federal judge ruled, finding the railroad giant presented sufficient eviden... (more story)

Progressive Shooting Coverage Suit Clears Dismissal Bid

A Louisiana federal court declined to dismiss a suit by a Progressive unit asserting it has no duty to defend or indemnify a nail salon for claims stemming from a fatal shooting, accepting a magistrate judge's... (more story)

Specialty Lines More

Insurance Execs Ask 11th Circ. To Review Coverage Suit Toss

Insurance executives accused of sabotaging their former company as they prepared to start a rival firm will ask the Eleventh Circuit to review a lower court ruling that Berkley Assurance Co. did not have to pa... (more story)

How DExit, Mandatory Arbitration Could Alter IPO Outlook

As companies continue to leave Delaware and the U.S. Securities and Exchange Commission begins allowing companies to implement mandatory arbitration provisions, these developments could have a major impact on ... (more story)

How Cos. Should Prepare For NY RAISE Act Compliance

With the New York Responsible AI Safety and Education Act taking effect March 19, state regulators will expect subject artificial intelligence governance policies to understand whether appropriate safeguards a... (more story)

FDIC Owns SVB Insurance Claims, Court Told

The Federal Deposit Insurance Corp., as receiver for Silicon Valley Bank after its historic collapse in early 2023, is entitled to recover on what could be tens of millions of dollars in financial institution ... (more story)

Del. Ruling Sparks Retrial On Conduent's $236M Coverage Bid

A Delaware court sets the stage for a high-stakes retrial in a coverage dispute over a $236 million Medicaid settlement. 

Incora Sues Over $30M D&O Insurance In Ch. 11 Uptier Fight

Bankrupt aircraft parts maker Incora has sued several of its insurers for coverage of legal costs incurred by the debtor in a dispute over a prepetition uptier transaction, saying it is owed $30 million under ... (more story)

Trial Advocacy Lessons From 3 Oscar-Nominated Films

Several films up for best picture at this weekend’s Academy Awards provide useful tips for trial lawyers, from the power of a dramatic opening to the importance of pivoting when the unexpected happens, say att... (more story)

Hospital Revenue Co. Not Covered In $8M Loss Suit, AIG Says

An AIG unit said it has no duty to defend or indemnify a management company accused of causing $8 million in losses to a South Carolina nonprofit hospital system, telling a Texas federal court that the company... (more story)

Firm, Atty Say Insurer Can't Stop Covering Ponzi Scheme Suits

A Maryland law firm and attorney accused in two underlying actions of aiding a Ponzi scheme have sued their professional liability insurer in federal court, saying the carrier has wrongfully declined to contin... (more story)

Insurer's Cyber Liability Capped At $250K, Texas Court Finds

A Texas federal court ruled that an insurer has no further liability beyond a $250,000 policy limit it paid to a construction company for its losses stemming from a social engineering cyber theft incident.