Expert Analysis

Wis. Coverage Ruling Rejects Strict Ensuing Loss Test

In Cincinnati Insurance v. Ropicky, the Wisconsin Supreme Court recently examined the relationship between an insu... (more story)

Reel Justice: 'The Furious' And Journalistic Evidence

Viewing "The Furious” from a litigator’s perspective highlights nuances that arise when gathering evidence from jo... (more story)

Resetting For Success After Corporate Litigation Loses Focus

Corporate litigation that has lost strategic coherence may barrel disastrously ahead if counsel’s understanding of... (more story)

Property More

Wash. Winemaker's Spoilage Coverage Claim Capped At $40K

A Washington winemaker cannot recover more than $40,000 in coverage for its loss of nearly 18,000 bottles of wine due to a faulty air conditioner, a federal court ruled, saying the winemaker's commercial prope... (more story)

Insurance Litigation Week In Review

Courts weighed in on issues ranging from exhausting at-fault driver's coverage, insurer insolvency, and designation forms for California policies. Law360 has the past week's top insurance news.

D&O Insurer Needn't Cover Condo Board In Ex-Member's Suit

An insurer has no duty to defend or indemnify an Illinois condominium association, its board or a unit owner against a suit brought by the former condo board president, a federal court ruled, finding that an i... (more story)

Panel Hints Hill Wallack May Face Revived Malpractice Suit

A New Jersey state appeals court panel on Tuesday appeared troubled by a trial judge's decision to toss a malpractice suit accusing Hill Wallack LLP of mishandling the defense of a family facing labor traffick... (more story)

Ga. Justices Say UM Claims Can Settle Before Liability Claims

The Georgia Supreme Court on Tuesday held that the state's intermediate appellate court wrongly found that a man injured in a car crash was required to exhaust the at-fault driver's liability coverage before s... (more story)

Ga. Property Owner, Insurer Wrap Up Roof Coverage Suit

A commercial property owner and an insurance company told a Georgia federal judge Monday they had ended their legal battle over coverage for a storm-damaged roof.

Insurer Beats Auto Parts Co.'s $50M COVID-19 Coverage Bid

A North Carolina federal court permanently tossed an auto parts manufacturer's suit seeking $50 million in coverage for COVID-19 losses, saying the manufacturer failed to show that access to any of its insured... (more story)

Insurers Seek To Toss $6M Mill Coverage Fight

Insurers urged a Colorado state judge to toss a flour processor's claims over coverage for equipment destroyed in a Texas mill explosion, saying a roughly $6 million coverage fight does not support bad faith c... (more story)

Insurer Off The Hook For $5M E-Cig Wholesaler Fire Coverage

An Illinois federal judge handed a complete win to an insurer on its counterclaim that an electronic cigarette product wholesaler isn't owed nearly $5 million in coverage for a warehouse fire because it misrep... (more story)

Benign Risk Period, Reinsurance Growth Strengthen P&C

Property and casualty insurance profitability is seeing generational highs with mortgage insurance and certain Florida homeowners carriers seeing particular success, but a relatively benign risk environment co... (more story)

General Liability More

Colo. High Court Insolvency Ruling Narrows Recovery Options

A recent Colorado Supreme Court ruling promises to complicate policyholders' path to long-tail claims recovery.

YMCA Gets No Coverage In Child Sex Abuse Suit, Insurer Says

Great American Insurance sued YMCA of Pierce and Kitsap Counties in Washington federal court Wednesday, arguing it has no duty to defend it in an underlying child sexual abuse lawsuit and that the defendant ex... (more story)

Liquor Distributor's Insurer Fights Coverage Of Worker's Suit

Employers Mutual Casualty Co. filed suit in Washington federal court Wednesday seeking an order declaring that the insurer has no duty to defend or indemnify policyholder American Northwest Distributors Inc. a... (more story)

Google MDL Coverage Suit Belongs In Calif., Del. Judge Rules

A Delaware state judge has stayed a lawsuit by American International Group subsidiaries seeking a declaration that they're not liable for covering Google's defense costs tied to social-media addiction multidi... (more story)

'Yikes' Email Sinks BIPA Coverage For Donut, Transport Cos.

An email stating "Yikes ... no" in response to outside counsel's inquiry regarding a commercial bakery's biometric data collection practices proves the business and a logistics company misrepresented material ... (more story)

Zurich Says It Had No Duty To Keep $19M Award Secret

A Zurich unit urged a Missouri federal court to toss a pipeline construction company's counterclaims that the insurer improperly disclosed information about a $19 million interim arbitral award against the com... (more story)

Insurer Owes No Coverage In Wrongful Conviction Deal

The estate of a man wrongly convicted of an arson that killed his mother-in-law cannot receive $1.8 million for a settlement with a polygraph agency accused of coercing him into a false confession, an Illinois... (more story)

Care Facility Not Covered In Elder Abuse Suits, Insurer Says

A Hanover Insurance unit told a Pennsylvania federal court that it has no duty to defend or indemnify a memory care facility or its operators and staff members in a number of underlying state court suits alleg... (more story)

Colo. Justices Say Insolvency Can't Trigger Excess Coverage

The Colorado Supreme Court ruled that an umbrella or excess policy issuer isn't liable to drop down and provide first-dollar coverage when a scheduled underlying insurer becomes insolvent, according to the jus... (more story)

Fla. Panel Upholds $1.19M Auto Crash Verdict Against Insurer

A Florida state appellate court on Friday issued a split opinion upholding a $1.19 million noneconomic damages verdict for a woman injured by an uninsured motorist, but reversed a $230,000 award for future med... (more story)

Specialty Lines More

Nu Ride Atty Breaks Down Win Over Retroactive Exclusion

Law360 Insurance Authority speaks with Daniel J. Healy of Brown Rudnick about coverage for an electric vehicle client and "retroactive date exclusions" in D&O policies.

Insurer Ends Coverage Suit Over $20M Cable Damage Case

Great American Insurance Co. has agreed to drop its lawsuit seeking a declaration that it does not have a duty to defend a Washington-based buoy installation company against claims over damages to an underwate... (more story)

SC Judge Wants Clarity On Opioid 'Bodily Injury' Coverage

A South Carolina federal judge said Thursday she is likely to ask the state supreme court to weigh in on whether certain language in a pharmaceutical company's insurance policies applies only to identified ind... (more story)

NM County Faces Sanctions Over Protected Disclosures

A New Mexico federal judge said a county violated a protective order by disclosing information from confidential documents in a state court malpractice suit, saying the county's defense of "we own the document... (more story)

9th Circ. Says Pre-2013 Life Policies Needn't Get Lapse Forms

Life insurers are not required to send designation forms to California policyholders whose policies were issued before 2013, when a state law requiring carriers to provide applicants with a form to designate a... (more story)

Nationwide Says Hyperbaric Chamber Death Not Covered

Nationwide Insurance told a Michigan federal judge that it has no obligation to defend or cover the Oxford Hyperbaric Oxygen Therapy Center and its staff after a 5-year-old boy died there during hyperbaric oxy... (more story)

Growing Share Of Fla. Premiums Going To Reinsurance Costs

Insurance companies are using an increasing share of Floridians' homeowners premiums to pay for reinsurance meant to offset their liabilities following a major disaster, according to research from the Brookings Institution.

Insurance Litigation Week In Review

Insurers needn't defend a telecom company accused of funding terrorist attacks, a behavioral health organization isn't entitled to coverage for a wrongful death settlement, and a reality television exclusion b... (more story)

State Farm Plans Calif. Return For Fire-Hardened Homes

More than three years after announcing it would no longer sell new homeowners insurance policies in California, State Farm has filed plans to begin writing new policies for Golden State homeowners who have mad... (more story)

Cyber Insurer Can't Avoid Auto Shop's $4.9M Coverage Suit

An Illinois state court refused to toss an auto repair company's suit seeking to recover $4.9 million in coverage from its cyber insurer for a ransomware attack, saying the policy doesn't establish that the in... (more story)