Expert Analysis

Notable Developments At The NAIC Summer Meeting

Attorneys at Debevoise discuss their top takeaways from the National Association of Insurance Commissioners summer... (more story)

Avoiding Unforced Evidentiary Errors At Trial

To avoid self-inflicted missteps at trial, lawyers must plan their evidentiary strategy as early as their claims a... (more story)

Resilience Planning Is New Key To Corporate Sustainability

While the current wave of deregulation may reduce government enforcement related to climate issues, businesses sti... (more story)

Property More

Pulte, Insurers Settle Property Damage Coverage Dispute

Two PulteGroup Inc. subsidiaries have settled their property damage coverage suit against multiple insurers in New Mexico federal court, according to the presiding judge's order on Tuesday.

Condo Group Says Insurer Undervalued $3.8M Plumbing Loss

A condominium association accused an AIG unit in Florida federal court Monday of "grossly" undervaluing the amount of damages it incurred from a cracked water pipe, saying the entirety of its plumbing system h... (more story)

Wash. Condo Association, Insurer Settle Water Damage Suit

A Washington condominium association has settled a lawsuit with Country Casualty Insurance Co. over $2.4 million in unpaid claims for water damage that an architect and the association discovered in a probe to... (more story)

When AI Denies, Insurance Bad Faith Claims May Follow

Two recent rulings from Minnesota and Kentucky federal courts signal that past statements about claims-handling practices may leave insurers using artificial intelligence programs in claims administration vuln... (more story)

Insurance Litigation Week In Review

A New York federal court analyzed policy limits and retentions over abuse claims against the Archdiocese of New York, the First Circuit ordered an insurer to defend a class action over allegedly faulty heating... (more story)

Chubb Says La. Casino Can't Stop English Arbitration Case

A Chubb unit has asked a Louisiana federal judge to toss a lawsuit by the owners of a casino as they look to halt parallel litigation in England related to arbitration proceedings for a COVID-19 pandemic cover... (more story)

$7M Ida Damage Case Settles Amid 5th Circ. Arbitration Fight

A New Orleans property owner and its insurers have resolved a dispute over coverage for a $7 million Hurricane Ida damage claim, amid a fight over whether the matter belonged in arbitration, the parties told t... (more story)

Calif. Land Use Atty Weighs Wildfire Impact On Development

On top of California's usual late summer wildfires, this year the state is still healing from January's devastating blazes in the Los Angeles area. Venable partner Ellia Thompson shares how these disasters are... (more story)

Alfa Insurance Beats Ga. Church In Fire Coverage Dispute

Alfa Insurance Corp. won't owe any coverage for a metro Atlanta church's 2022 fire after notching an early win Tuesday on its claims that the church lied about prior property damage on its policy application.

11th Circ. Told Insurers Wrongly Denied $5.6M To Railroad Co.

A Florida railroad company incurred minimal losses from Hurricane Irma in 2017 because it took measures to protect its property, but insurers unfairly used the preventive efforts to justify denying coverage fo... (more story)

General Liability More

Judge Probes Alleged Rivalry In Captive Insurer's Collapse

A North Carolina Business Court judge on Wednesday wanted help deciding whether a Georgia insurance company belongs in a fight over a defunct captive insurer's demise, but neither party seemed to have the answers he needed.

Broker Can't Trim Chipwich Maker's $4.5M Recall Loss Suit

A Connecticut state court refused to nix a breach of contract claim in an ice cream sandwich maker's $4.5 million suit accusing its insurance broker of failing to recommend and procure insurance that would cov... (more story)

2nd Circ. Wary Of Retailer's Bid For Ghost Gun Suit Coverage

The Second Circuit seemed skeptical of a Texas-based firearms retailer's argument that it is owed coverage for suits alleging it contributed to gun violence by selling unfinished components used to assemble wh... (more story)

Insurer Says Overturned Truck In Fatal Crash Not Covered

A Progressive unit that provided commercial auto insurance for a concrete company told a Texas state court it should owe no defense or indemnity in a wrongful death lawsuit involving an overturned cement truck... (more story)

Insurer Must Arbitrate Chemical Injury Coverage Dispute

An insurer must arbitrate its dispute with a homeowners association over coverage for underlying suits claiming that the association's pool contractor allowed hazardous chemicals to spread and injure patrons, ... (more story)

Insurer Asks Court To Deny Fla. Tree Co.'s Coverage After Fire

An Ohio-based insurance company filed a lawsuit against a tree service and a funeral services business in Florida federal court, saying that it should not have to defend the company that was sued over cutting ... (more story)

Delayed Notice Of $3.2M Verdict Bars Coverage, Insurer Says

A Florida property owner isn't covered for a $3.2 million judgment entered against it in an underlying personal injury lawsuit, an insurer told a federal court Monday, arguing that the property owner failed to... (more story)

Security Co. Not Covered In Shooting Injury Suit, Insurer Says

An insurer said it doesn't owe coverage to a security company or one of its employees for an underlying suit over a shooting and a related $500,000 stipulated judgment, telling a Nevada federal court Monday th... (more story)

Telecom Co. Can't Avoid Liberty's Marshall Fire Coverage Suit

A Liberty Mutual unit may proceed with its suit seeking to avoid coverage for a Lumen Technologies subsidiary in underlying actions over the 2021 Marshall Fire, a Colorado federal court ruled, finding that the... (more story)

Split 9th Circ. Backs Cert. Denial In Progressive Car Value Suit

A split Ninth Circuit panel on Friday upheld a lower court's refusal to certify a class of Progressive policyholders in a suit over adjustments the insurer makes when calculating the actual cash value of a tot... (more story)

Specialty Lines More

Frontier Copyright Row Triggered Duty To Defend, Court Says

Insurers for Frontier Communications had a duty to defend the telecommunications company against copyright infringement claims that were ultimately settled, a Delaware state court ruled in a recently unsealed ... (more story)

Chubb Unit Wants Data, Cyber Cos. To Pay Ransomware Cost

A Chubb insurance unit has claimed a data management company and a cybersecurity firm failed to prevent or mitigate a ransomware attack on one of its policyholders, leading to the insurer being on the hook for... (more story)

No Response From Insurers To Coverage Requests, Co. Says

A Seattle-based marine logistics company told a Washington federal court that a trio of marine insurers failed to issue a coverage opinion before it ultimately settled an arbitration earlier this year involvin... (more story)

Travelers Must Cover Scholastic's IP Suit Costs, Not Damages

A Manhattan federal judge has ruled that a Travelers unit must cover Scholastic Inc. for costs incurred in its defense and settlement of a trademark and copyright infringement suit, but not pay consequential d... (more story)

Conn. Supreme Court Snapshot: Amazon Wages Top Sept.

A wage and hour dispute between Amazon and its Connecticut warehouse workers is the top corporate dispute on the Connecticut Supreme Court's September docket after the justices agreed to answer a certified que... (more story)

Insurers Claim 'Collusion' In Ga. School's $345M Abuse Deal

Five insurance companies urged the Georgia Court of Appeals Thursday to let them off the hook for a $345 million settlement between a private school and nearly two dozen men who said they were sexually abused ... (more story)

5th Circ. Won't Revisit Doctor's Captive Insurance Case

The Fifth Circuit rejected a Texas doctor's request for the full court to review a panel's July decision that he was not entitled to $1 million in tax deductions linked to his urgent care network's captive insurance company.

Liberty Says Subcontractor's Insurer Must Defend Injury Row

A subcontractor's insurer must defend and indemnify companies insured by a Liberty Mutual unit on a primary basis in a worker's injury lawsuit, the unit argued to a New York federal court.

$5.9M Fidelity National Data Breach Settlement Gets Final OK

A Florida federal court officially signed off on a $5.9 million settlement of a proposed class action against title insurer Fidelity National Financial over a November 2023 data breach that allegedly impacted ... (more story)

McCarter & English Atty Admitted Breaches, Insurers Claim

Two insurance companies have asked a Connecticut Superior Court judge's permission to file a late request for a quick win on two breach of contract claims against McCarter & English LLP and one of its attorney... (more story)