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June 17, 2026
PITTSBURGH — A district court properly dismissed insureds’ breach of contract and bad faith claims in a dispute over coverage for damaged siding on a rental property because the policy clearly allows the insurer to replace only the damaged portion of the siding with a “like kind” siding, the insurer tells the Third Circuit U.S. Court of Appeals in its June 17 appellee brief.
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June 17, 2026
LOS ANGELES — After a federal judge in California granted final judgment in favor of developers who filed suit seeking insurance coverage for construction defects, the developers are asking the judge to add the amount of prejudgment interest to the judgment.
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June 17, 2026
LOS ANGELES — An insurer told a California federal court that its suit seeking more than $5 million from guarantors after a reinsurer allegedly defaulted on obligations under a 2019 reinsurance agreement should proceed because the defendants executed absolute payment guaranties triggered by the reinsurer’s unwillingness or inability to pay and the insurer does not need to first obtain a judgment in a related New York action to state a plausible breach of guaranty claim.
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June 16, 2026
CHICAGO — An embryo storage lab said June 15 that it is appealing an Illinois federal court’s ruling that an underlying class action alleging that it engaged in false and deceptive advertising and failed to fully disclose the accuracy of preimplantation genetic testing does not trigger medical professional liability or commercial general liability coverage, challenging the court’s grant of the insurer’s motion for judgment on the pleadings in its action seeking a declaration that it has no duty to defend or indemnify.
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June 16, 2026
CHICAGO — Asking the Seventh Circuit U.S. Court of Appeals to reverse a decision that upheld termination of his long-term disability (LTD) benefits under a “regular care of a physician” requirement, a former Whole Foods worker argues in his June 15 opening brief that the trial court was wrong both in concluding that the insurer cited the requirement during his administrative appeal and in ruling that under de novo review it could consider the requirement even if the insurer hadn’t cited it in the administrative appeal.
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June 16, 2026
WASHINGTON, D.C. — A group of foreign and domestic insurers filed a petition for a writ of certiorari urging the U.S. Supreme Court to review a Fifth Circuit U.S. Court of Appeals ruling they say created a circuit split by applying a Louisiana law barring arbitration of hurricane damage policy disputes to their equitable estoppel argument over the New York Convention and federal common law.
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June 16, 2026
LOS ANGELES — An insured maintains in its reply in support of its motion to stay its silica coverage suit pending in California federal court that a stay is warranted until the underlying silica bodily injury suits are resolved but says the stay should be limited to the indemnification and bad faith claims.
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June 16, 2026
FORT MYERS, Fla. — No coverage is owed to an insured homeowners association and its property management company for an underlying suit stemming from the death of a resident allegedly exposed to toxins and mold while living in a property maintained by the homeowners association and property management company because the policy’s pollution exclusion and pathogen and related hazard exclusion bar coverage, an insurer says in a complaint filed in Florida federal court.
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June 15, 2026
ATLANTA — A commercial general liability insurer asked the 11th Circuit U.S. Court of Appeals on June 12 to reconsider its dismissal of its appeal of a lower federal court’s declaration that it has a duty to defend a hotel operator insured against an underlying sex trafficking lawsuit, challenging the appeals court’s ruling that it lacks jurisdiction to hear the appeal.
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June 15, 2026
CINCINNATI — Two insurers are seeking rehearing en banc after a split panel of the Sixth Circuit U.S. Court of Appeals held that they owed a property owner coverage for a fire that burned down a building during renovations because the property owner could not have complied with the policy’s requirement that a fence be built around the entirety of the property during renovations, arguing that the majority’s finding that an insurer must prove it was prejudiced by its insured’s noncompliance with a preloss condition of coverage conflicts with circuit precedent.
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June 15, 2026
PORT HURON, Mich. — A medical-clinic owner who is required to pay an insurance company attorney fees and costs for violating a settlement agreement argues that an insurer’s motion to compel compliance with discovery to gain information about assets for an attorney fee award in a no-fault fraud and Racketeer Influenced and Corrupt Organizations Act (RICO) suit against him and related parties should be denied because some of the documents requested do not relate to the attorney fee award.
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June 12, 2026
NASHVILLE, Tenn. — A Virginia industrial services company sued its captive insurer in Tennessee federal court for breach of contract, alleging that the insurer wrongfully denied coverage under an actual net loss insurance policy after a fatal accident at a key customer’s steel facility caused a shutdown, restricted access to the company’s equipment and office trailer and led to the termination of a customer agreement worth 24% of the company’s annual revenue.
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June 12, 2026
BOSTON — A plaintiff who unsuccessfully sought reinstatement of her long-term disability (LTD) benefits has filed a notice of appeal regarding a Massachusetts federal judge’s ruling that it was not arbitrary or capricious for the insurer to determine that she “could work pursuant to the Gainful Employment standard under the Plan, despite her illnesses and pain.”
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June 11, 2026
PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals has scheduled oral argument for July 7 in the case of a former underwriter who says he was disabled by cognitive impairments and other symptoms he attributes to long COVID; issues in the appeal include assessing differing medical opinions and whether new reasons for denial of long-term disability (LTD) benefits were improperly raised in the lower court.
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June 10, 2026
SAN DIEGO — An annuitant filed a putative class action suit in California federal court claiming that an investment adviser profited from “risky” insurance and annuity products issued by The Phoenix Companies Inc., now known as PHL Variable Insurance Co., which is in rehabilitation, alleging that the adviser knew of the financial risk posed by the insurer but “chose to keep silent so it could hide its breaches of trust and failure to disclose while quietly pocketing and improperly retaining millions of dollars in upfront and trailer commissions, to the detriment of Plaintiff and Class Members.”
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June 09, 2026
NEW ORLEANS — An insurer told a Louisiana federal court that it is appealing a jury’s finding that it acted in bad faith in its handling of a church insured’s claim arising from Hurricane Ida property damage, the $4,567,441.68 final judgment entered against it and the court’s denial of its motion for judgment as a matter of law or for a new trial.
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June 09, 2026
CINCINNATI — A general liability insurer argued to the Sixth Circuit U.S. Court of Appeals that a lower federal court made a fundamental error in finding that it has a duty to defend against 11 underlying lawsuits alleging that human trafficking occurred at the insureds’ Red Roof hotels, asserting that the Trafficking Victims Protection Reauthorization Act (TVPRA) “imposes liability on those who participate in a sex-trafficking venture—not on mere bystanders who knew or should have known that trafficking was occurring at their establishment.”
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June 03, 2026
DECATUR, Ga. — Emory University sued its insurer for breach of contract, bad faith and breach of the duty of good faith and fair dealing in a Georgia court, alleging that an underlying lawsuit seeking money back after classes and services were impacted by the coronavirus pandemic alleges “precisely the types of claims” that the policy’s Educators Legal Liability (ELL) section expressly covers.
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June 03, 2026
BOSTON — The Massachusetts attorney general filed a complaint against UnitedHealthcare Insurance Co. in a Massachusetts court, asserting that the insurer violated the Massachusetts False Claims Act (MFCA) by improperly submitting inaccurate assessments to MassHealth, the commonwealth’s Medicaid program, for seniors enrolled in United’s senior care organization (SCO) plan, resulting in higher reimbursements to United than permitted, and by failing to repay the overpayments.
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June 02, 2026
TAMPA, Fla. — A commercial general liability insurer maintains in a complaint filed in Florida federal court that no coverage is owed to its insureds for an underlying wrongful death suit because its policy’s hazardous materials exclusion bars coverage for bear mace that was sprayed by the insureds’ employee while a crowd of patrons was exiting the insured nightclub.
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June 02, 2026
RIVERSIDE, Calif. — An insured, named in an underlying carbon monoxide poisoning suit, is not entitled to a defense or indemnity because coverage is excluded pursuant to a pollution exclusion in the policies at issue, the insurer maintains in a motion for summary judgment filed in California federal court.
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June 02, 2026
BALTIMORE — A Maryland federal judge on June 1 gave preliminary approval to a class settlement that would resolve a suit former NFL players filed over the use of “race-based demographic adjustments” in “scoring neuropsychological tests” used to determine whether they receive disability and related benefits; the parties said the deal is designed to ensure that such “adjustments play no role in the Plans’ benefit determinations, whether prospectively or retroactively.”
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June 01, 2026
SHERMAN, Texas — In a May 27 filing, the insurer of an infectious disease lab testing company urged a Texas federal judge to adopt a magistrate judge’s recommendation granting the insurer judgment on the pleadings in a dispute over defense coverage for regulatory claims, arguing that the liability policy clearly limits coverage for such claims and that the limit applies to the company’s defense costs.
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May 29, 2026
NEW YORK — A Florida businessman sued by a reinsurer over an allegedly breached $34.4 million limited guaranty tied to a defaulted credit facility has filed a fraudulent inducement counterclaim in New York federal court, asserting that he executed the guaranty and participated in the loan transaction in reliance on collateral-related representations that were false and made with the knowledge and participation of affiliates involved in the transaction.
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May 28, 2026
HOUSTON — An insurer seeking reconsideration of a Texas federal judge’s denial of a summary judgment motion on a counterclaim in a years-long motor collision coverage dispute contends that the judge “put the cart before the horse” and did not have all of the proper evidence available when finding that the insurer did not prove that the statute of limitations had run.