Expert Analysis

Texas Ruling Makes Avoiding Appraisal Nearly Impossible

By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ac... (more story)

5 Risks For U.S. Cos. From New EU Product Liability Directive

When the European Union's revised Product Liability Directive takes effect this year, it will fundamentally reshap... (more story)

Reel Justice: 'Project Hail Mary' Can Aid Cross-Examination

In the new science fiction film, "Project Hail Mary," a character understood that survival depended on eliminating... (more story)

Property More

Insurance Litigation Week In Review

A Munich Re insurer can't refile a boat fire coverage case after previous dismissals. Albertsons isn't entitled to coverage for more than 100 opioid suits. And a Hanover unit isn't responsible for an owner's g... (more story)

Error In Policy Doesn't Double Coverage, Insurer Says

An insurer told a Florida federal court Wednesday that a clerical error in a property policy should not allow a waste management company to collect more than twice the coverage it bargained for after a March 2025 fire. 

Lloyd's Can't Undo Remand Order In Hurricane Damage Fight

A Virgin Islands federal court on Wednesday refused to reconsider its decision to remand an ophthalmology clinic's suit over the handling of its Hurricane Maria property damage claim back to territorial court,... (more story)

11th Circ. Says Two-Dismissal Rule Sinks Boat Insurer's Claim

An Eleventh Circuit panel on Tuesday said an insurer cannot file its action seeking to avoid coverage for a boat fire a third time, determining that its two previous voluntary dismissals barred any further lit... (more story)

Luxury Seattle Store Says State Farm Owes For Protest Theft

The owner of a luxury fashion design firm in Seattle told a federal court that its insurer owed coverage for burglaries that occurred amid protests after the 2020 murder of George Floyd, saying the insurer act... (more story)

Senior Home Says Colo. Is Right Venue For Insurance Dispute

The owner of a Kansas-based senior living community said its claims that its insurer failed to pay over $7 million in damages it suffered when a sprinkler burst must stay in Colorado, according to a pair of br... (more story)

State Farm Says Stove's Maker Must Pay For Fire Damage

A State Farm unit said it is entitled to recoup costs paid in connection with a policyholder's house fire because the fire was caused by a defective electric range manufactured by General Electric Co., accordi... (more story)

NY Court Tosses Challenge To Insurers' Anti-Adjuster Clause

A New York federal court permanently dismissed a public adjusting company's proposed class action against a group of insurers over a policy endorsement barring insureds from hiring public adjusters, finding en... (more story)

Hanover Not Liable For Coverage Gap, Mass. Court Affirms

Hanover Insurance Co. is not responsible for a Massachusetts property owner's inadequate coverage, an intermediate state appellate court said Monday, rejecting arguments that the insurer's familiarity with the... (more story)

What Jury Holdouts Can Teach Trial Lawyers About Strategy

Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of ... (more story)

General Liability More

No Coverage Owed In Arcade's Trademark Suit, Judge Says

An Indiana federal judge has determined that an insurer owes no coverage to an arcade in a lawsuit alleging that its name and logo infringed the trademarks of another business because the policy excluded trade... (more story)

AmTrust Unit On Hook In Conn. Collapse Claims, Insurer Says

An AmTrust workers' compensation unit must defend a construction company against bodily injury claims from workers alleging they were seriously injured from the collapse of a floor area of a New Haven building... (more story)

Utah Condo Builder Says Insurer Stalled Water Damage Claim

The general contractor for a high-end condo project in Utah has told a federal court its insurer breached its contract when it failed to promptly investigate and adjust more than $1.2 million in claims for pro... (more story)

Builder Not Covered In Home Construction Fight, Insurer Says

A builder accused of causing significant delays and increased costs during the construction of a custom home in North Carolina is not entitled to coverage, the company's insurer told a federal court, saying th... (more story)

Trisura Says Policy Doesn't Cover $25M Wrongful Death Case

Trisura Specialty Insurance asked an Illinois federal court to declare it does not have to defend or indemnify a Texas-based trucking company against a $25 million default judgment for its alleged involvement ... (more story)

Big E Operator Says Insurers Can't Reject MMA Death Claim

The operator of one of the largest state fairs in the U.S., known as The Big E, alleged in a lawsuit removed to federal court Friday that its insurers are wrongly relying on a list of policy exclusions to deny... (more story)

Albertsons Not Covered In Opioid Litigation, Del. Judge Says

Albertsons isn't entitled to defense or indemnity for more than 100 suits accusing the pharmacy and grocery chain of fueling the opioid epidemic, a Delaware state court ruled, tracking the state high court's r... (more story)

Denny's Franchisees Say Insurers Shirked Wage Suit Defense

A group of Washington-based Denny's franchise operators said their Liberty Mutual insurers wrongfully refused coverage for a wage and hour class action, telling a federal court that they are entitled to recoup... (more story)

Insurer, Ex-Camp Counselor End Sex Abuse Coverage Suit

An insurer for a summer camp operator and a former counselor accused of sexually abusing children have settled a dispute over coverage for the now-resolved civil suits brought against him, according to an orde... (more story)

Insurer Says No Coverage Above $1M For Injured Biker Row

The insurer for an auto repossession company and one of its drivers told a Georgia federal court that it does not owe more than its $1 million limit in a case involving the driver hitting a child on a bike, sa... (more story)

Specialty Lines More

AIG Unit Doesn't Owe $2.5M For Pollution Defense Costs

An AIG unit needn't cover $2.5 million in defense costs from pollution suits against investors in an oil refinery and storage terminal in the U.S. Virgin Islands, a Delaware state court ruled, saying the insur... (more story)

Insurer Owes No Coverage In Ill. Genetic Testing Fraud Suit

An insurer does not have to defend an embryo storage lab against a proposed class action alleging it used deceptive marketing to sell genetic testing services to IVF patients, because misleading promotion does... (more story)

Coach Not Covered In $10M Sex Abuse Case, NC Judge Says

A North Carolina federal judge said a swimmer who won a $10 million judgment against a swim coach who sexually assaulted her cannot seek that payment from the coach's insurer because neither the coach nor the ... (more story)

Insurer Says Denver Law Firm Let $825K Deal Go To Scammer

An insurance defense law firm negligently allowed an $825,000 workers' compensation settlement to be sent to an impostor, forcing Chubb unit Federal Insurance Co. to replace the misdirected funds, according to... (more story)

Insurance Litigation Week In Review

The New Jersey Supreme Court said an insurer didn't waive its right to deny coverage. The Texas Supreme Court ordered appraisal of a $40 million flood damage dispute. And the Colorado Supreme Court won't rehea... (more story)

Data Center Insurance Boom May Obscure Claims' Difficulty

The rush of carrier capital into the data center space should not obscure a distinct and evolving set of policyholder risks that existing insurance products were not designed to address, along with the further... (more story)

Under Armour Says Insurers Shouldn't Get Repayment Interest

Under Armour told a Maryland federal court that the insurers it reimbursed after the Fourth Circuit capped its coverage for a securities class action, government investigations and derivative matters at $100 m... (more story)

NJ Justices Back Coverage Exclusion Reservation Of Rights

The New Jersey Supreme Court on Monday said an insurer doesn't waive its right to rely on a policy exclusion after initially defending a claim, backing Berkley Insurance Co. in a coverage dispute stemming from... (more story)

Navigating Insurance And Contract Risks Amid Hormuz Crisis

The Strait of Hormuz has become a legal choke point where contractual obligations, insurance coverage and international law intersect, underscoring for maritime lawyers the importance of proactive contract dr... (more story)

AI Reshaping Brokers' Work, Lockton Data Head Says

AI is delivering efficiency and new capabilities to insurance brokers. Claude Yoder, the chief data, analytics and digital officer for Lockton, spoke to Law360 about the role of AI in placing policies, aggrega... (more story)