Expert Analysis

• Reconciling 2 Smoke Coverage Cases From California

  

  As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.

• Key Insurance Issues Likely To Arise From NY Superfund Law

  

  The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.

• How Fla. Is Floating A Raft Of Bills To Stem Insurance Woes

  

  Proposed reforms that follow a report skewering Florida's insurance industry offer a step in the right direction in providing relief for property owners, despite some limitations, say attorneys at Farah & Farah.

• What To Know About NAIC's Risk-Based Capital Task Force

  

  Attorneys at Debevoise outline key details of the Risk-Based Capital Model Governance Task Force, which was recently launched by the National Association of Insurance Commissioners, including the task force's objectives, and potential implications for insurers and their investment strategies.

• How Calif.'s Wildfire Insurance Crisis Might Affect Texas

  

  Attorneys at Munsch Hardt examine the implications of California's wildfire insurance crisis for Texas, including potential shifts in coverage availability, regulatory differences and how the insurers in the second-largest U.S. state may react to a major wildfire event.

• How To Create A Unique Jury Profile For Every Case

  

  Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.

• Managing Anti-Corporate Juror Views Revealed By CEO Killing

  

  After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.

• Notable Q4 Updates In Insurance Class Actions

  

  In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.

• Evidence Rule May Expand Use Of Out-Of-Court Statements

  

  A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.

• The Math Of Cross-Examination: Less Is More, More Is Less

  

  When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.

• Rethinking 'No Comment' For Clients Facing Public Crises

  

  “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

• Navigating Mortgage Insurance Provisions After LA Fires

  

  As homeowners affected by the Los Angeles wildfires consider rebuilding, mortgage lenders and servicers must negotiate the complex intersection between the standard deed of trust and property insurance, says Heather Wright at Buchalter.

• Year Of The Snake Will Shake Up RE And Mortgage Finance

  

  The year ahead may bring profound transformation and opportunities for growth in the real estate and mortgage finance sectors, with significant issues including policy battles and questions surrounding the future of Fannie Mae and Freddie Mac, says Marty Green at Polunsky Beitel.