Property

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 insurance policy's construction defect exclusion and ensuing loss exception, providing policyholders support in claiming that an additional cause may produce covered damage despite an excluded condition being part of the loss sequence, says Alexander Hopkins at SDV Fenchurch.

• Reel Justice: 'The Furious' And Journalistic Evidence

  

  Viewing "The Furious” from a litigator’s perspective highlights nuances that arise when gathering evidence from journalistic investigations, serving as a reminder to not only ask whether evidence is relevant, but also what legal framework governs the person or entity holding it, says Veronica Finkelstein at Widener-Delaware Law.

• Resetting For Success After Corporate Litigation Loses Focus

  

  Corporate litigation that has lost strategic coherence may barrel disastrously ahead if counsel’s understanding of the matter drifts from the client’s goals, but cases can be wrenched back on track by diagnosing how facts have evolved, determining where resources are justified and deploying practical strategies for restoring discipline, says Jonathan Morris at Gordon Rees.

• 2nd Circ. Tylenol MDL Ruling Clarifies Court Gatekeeper Role

  

  The Second Circuit’s recent decision in multidistrict litigation over alleged links between Tylenol and developmental disorders, holding that the trial court improperly excluded expert witnesses, preserves meaningful judicial gatekeeping while making clear that judges may not resolve legitimate scientific disputes themselves, say attorneys at Lowenstein Sandler.

• NJ Justices' Walmart Ruling Clarifies Future Snowstorm Duty

  

  A recent New Jersey Supreme Court decision, that a contractor's spreading of salt on a minimal snow accumulation in a Walmart parking lot did not create liability, delivers important clarity on the state's ongoing-storm rule, says Maxx Johnson at Stradley Ronon.

• Minn. Ruling Expands Insureds' Right To Independent Counsel

  

  If upheld on appeal, a recent decision by a Minnesota appellate court — Fabyanske Westra Hart & Thomson v. Western National Mutual Insurance — will give Minnesota policyholders a stronger basis to demand independent counsel when an insurer accepts a defense under a reservation of rights, say attorneys at Stoel Rives.

• NC Litigation Funding Ban Sets Model For Other States

  

  States worried about rising liability costs and the commercialization of their courts should treat North Carolina's recently enacted litigation funding ban as a model because a prohibition adequately addresses the distortion that disclosure only documents, say attorneys at McAngus Goudelock.

• 10th Circ. Ruling Propels Emerging 'Occurrence' Consensus

  

  The Tenth Circuit recently revived the Church of Jesus Christ of Latter-day Saints' bid for insurance coverage in a sexual abuse case, continuing a trend as the second circuit court to find that, where ambiguous, the definition of "occurrence" must be interpreted in favor of coverage, say attorneys at Anderson Kill.

• When And How To Use 4 Types Of Cross-Exam Questions

  

  Perceptions of a great cross-examination are often shaped by aggressive courtroom exchanges, but to be truly effective, this stage of trial requires strategically selecting confirmation, confinement, contrast or confrontation questions at key moments, says Allison Rocker at Baker McKenzie.

• Discovery Into Insurers' AI Use Should Stay Proportional

  

  As insurers increasingly use artificial intelligence to make claim decisions, plaintiffs in first-party coverage litigation should seek discovery that tracks how materially the automated system influenced the challenged decision, not whether the insurer used AI somewhere in its operations, says attorney Joe Zaid.

• Mitigating The Risk Of Antiestablishment Jurors

  

  The legal battles currently embroiling social media companies underscore that jurors with anti-corporate bias and conspiratorial thinking patterns pose myriad risks to corporate defendants, and defense counsel should adapt their trial strategies accordingly, say consultants at Persuasion Strategies.

• Notable Q2 Updates In Insurance Class Actions

  

  After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

• Reel Justice: 'Disclosure Day' Teaches Attys To Listen

  

  The underlying message in “Disclosure Day” suggests that communication often breaks down because of a failure to hear and understand, highlighting why a lawyer's ability to listen is not ancillary to their practice — it is what makes effective representation and justice possible, says Veronica Finkelstein at Widener-Delaware Law.