Expert Analysis

In-House Expert Testimony Is Tricky, But Worth Considering

Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony a... (more story)

Tracking Changes To AI Evidence Under Federal Rules

As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the us... (more story)

Reconciling 2 Smoke Coverage Cases From California

As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on i... (more story)

Property More

DC Climate Insurance Event Highlights Need For Acute Action

A group of leading insurance industry regulatory and policy experts convened in Washington, D.C., on Thursday, expressing a need for greater collaboration and resources in order to quickly scale up eco-friendl... (more story)

NC Panel Scraps Subrogation Suit Over Misidentified Plaintiff

An insurer for a Hardee's restaurant can't revive its subrogation suit over a 2019 fire after it accidentally misnamed itself in the complaint, the North Carolina Court of Appeals has ruled, finding the incorr... (more story)

A bad faith claim by a New Orleans commercial property owner against its insurer over Hurricane Ida damage failed again in Louisiana federal court. (AP Photo/Gerald Herbert)
Bad Faith Claim Rejected Again In Hurricane Ida Coverage Suit

A Louisiana federal judge again refused to find that the insurer of a suburban New Orleans commercial property acted in bad faith in denying to cover $220,000 in damage Hurricane Ida allegedly caused in 2021.

Insurance Litigation Week In Review

An AIG unit needn't defend a firearms retailer accused of contributing to gun violence by selling "ghost gun" components, another AIG insurer doesn't owe coverage for a tribe's COVID-19-related losses and a cl... (more story)

CGL Loss Hikes Highlight Underwriting, Tort Reform Efforts

Liability premiums continue to rise as a result of insurers' escalating loss trends, according to insurance broker Lockton's quarterly market update, and as social inflation continues to impact the United Stat... (more story)

Fla. High Court Told Condo's Irma Claim Redo Lacked Key Info

An insurance company told the Florida Supreme Court on Wednesday that a Miami condominium's reopened claim for damage caused by Hurricane Irma wasn't sufficient to trigger a supplemental claim, arguing that st... (more story)

Mo. Court Finds Ambiguity Could Permit Virus Coverage

A vacation rental company may be entitled to coverage for pandemic-related losses from one insurer, a Missouri intermediate appellate court held, finding that an exception conflicting with an exclusion created... (more story)

General Liability More

Texas Appeals Court Reverses Exxon's $25M Insurance Win

A Texas state appeals court reversed a $25 million judgment for Exxon Mobil on Thursday, finding that because of a policy exclusion, the company's excess insurer did not have to cover it in connection with a $... (more story)

Insurer Says It Has No Duty To Defend Mich. City In Tax Fight

Insurance company Argonaut said in a federal court complaint Wednesday that it shouldn't have to pay to defend Ann Arbor, Michigan, in a lawsuit alleging that the city's decades-old stormwater drainage charges... (more story)

Insurer Cites Exclusion To Avoid Covering Co.'s Silica Suits

An insurance company has sued in California federal court to avoid covering any legal fees or potential settlements a Georgia-based countertop manufacturer might face from the more than 100 lawsuits filed by w... (more story)

Shooting Victim Can't Get $1M Under Policy, Berkshire Says

A man shot during an armed robbery at a convenience store isn't owed the full $1 million limit toward an underlying $1.5 million consent judgment he reached against the property owner, a Berkshire Hathaway uni... (more story)

No-Fault Tolling Not Retroactive, Mich. Justices Say

The Michigan Supreme Court ruled Tuesday that an element of no-fault reforms pausing the one-year rule for recovery of personal injury protection benefits until an insurer formally issues a denial is not retro... (more story)

Berkshire Unit Denied Reimbursement For Asbestos Coverage

Two excess insurers for a drywall company have no duty to reimburse another excess insurer for payments it made to settle two asbestos injury lawsuits, a Texas federal court ruled, finding those lawsuits didn'... (more story)

Specialty Lines More

$2M Limits Off Table In Construction Defect Row, Insurer Says

An insurer for a waterproofing consultant and architecture firm said its policy's $2 million aggregate limit does not apply to a condo association's underlying construction defect claims, telling a Florida fed... (more story)

Law Firm Says Insurer Shorted On Defense Of Blackmail Suit

A law firm accused by a Florida state judge of causing her emotional distress via blackmail is suing its insurer, alleging the insurer underpaid the firm's defense counsel by nearly $600,000 in connection with... (more story)

Geico said it lost $1.1 million in a scheme in which unlicensed individuals billed for medically unnecessary, illusory and nonreimbursable healthcare services. (Kristoffer Tripplaar/Sipa USA)
Geico Says Medical Fraudsters Nabbed $1.1M In Auto Benefits

Several unlicensed individuals submitted hundreds of fraudulent charges for services provided to Geico-insured car accident victims, the insurer has alleged in New York federal court, claiming it lost more tha... (more story)

Insurer Says $9M OpenText Merger Settlement Not Covered

An insurer said it is not obligated to contribute to a $9 million settlement in a shareholder class action stemming from Covisint's 2017 merger with software company OpenText, telling a Michigan federal court ... (more story)

Potbelly Says Insurer Must Cover Wage Transparency Suit

Sandwich chain owner Potbelly Inc. told a Washington state court that its insurer wrongly refused to cover it in a proposed underlying class action alleging the business violated Washington's wage transparency... (more story)

Insurer Gets Education Co.'s $2.2M Theft Coverage Bid Tossed

A Maryland federal court tossed an education management company's suit seeking excess coverage for over $2.2 million in employee embezzlement losses, saying the company failed to show its loss occurred during ... (more story)

Insurer Can't Escape Aerospace Co.'s $3.3M Claim Denial Suit

An insurer for an aerospace products manufacturer can't escape claims that it wrongfully denied coverage of an approximately $3.3 million loss from fund mismanagement after years of delay, an Oregon federal court ruled.