Expert Analysis

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)

2nd Circ. Tylenol MDL Ruling Clarifies Court Gatekeeper Role

The Second Circuit’s recent decision in multidistrict litigation over alleged links between Tylenol and developmen... (more story)

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 i... (more story)

Property More

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)

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.

Samsung Range Caused Wash. House Fire, Insurer Says

An insurer said it is entitled to recoup costs paid in connection with a Washington policyholder's house fire because the blaze was caused by a defective electric range manufactured by Samsung, according to a ... (more story)

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)

9th Circ. Revives Bad Faith Claim In Title Insurance Row

A split Ninth Circuit panel on Wednesday partially reinstated Washington state property owners' suit accusing an insurer of bad faith by refusing to defend them and representing their opposing neighbors in an ... (more story)

Power Plant Drops $14M Lost Revenue Coverage Fight

The owner of a power plant in Dover Plains, New York, voluntarily dismissed its lawsuit accusing Factory Mutual Insurance Co. of wrongfully withholding more than $14 million in coverage for revenue losses stem... (more story)

11th Circ. Upholds AIG's $1.8M Yacht Fire Coverage Loss

An AIG unit cannot recoup $1.8 million from a dock builder and electrical subcontractor in connection with payments it made to a Florida policyholder whose yacht caught fire while plugged into a recently const... (more story)

General Liability More

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)

Bungled Injury Settlement Cost Insurer $3.7M, NC Suit Says

An insurer says a third-party claims administrator owes $3.7 million for an underlying personal injury settlement after the administrator allegedly failed to tender a settlement offer in time that would have b... (more story)

Hartford Unit Must Defend Tax Lien Cos. In 'Eviction' Row

An Illinois federal judge said a Hartford unit must defend tax lien purchasing companies from class actions alleging the companies profited from an unconstitutional tax sale process, rejecting the insurer's ar... (more story)

Disease Exclusion Doesn't Apply To Listeria Injury Claims

A Nationwide unit cannot rely on a communicable disease exclusion to avoid covering a meat producer in underlying actions over alleged exposure to listeria-contaminated food, an Oregon federal court ruled, say... (more story)

Ill. Judge Won't Say Insurer Must Cover Fatal Crash Deal

An Illinois federal judge on Wednesday refused to declare that an insurer must indemnify a trucking company in a settlement over a fatal crash, saying additional information is needed to resolve questions abou... (more story)

Footwear Co. Not Covered In Email Class Fight, Insurers Say

Three Nationwide units said they owe no coverage to a footwear company accused of violating Washington state law by sending misleading email advertisements, telling a Washington federal court that coverage is ... (more story)

Insurers Can't Nix $195M Opioid Coverage Bid, Trustee Says

Chubb, Liberty Mutual and Lloyd's of London units and other insurers can't get off the hook for covering the remainder of third-party payor opioid lawsuits against Endo International, a representative for a tr... (more story)

Data Center Suits, Arbitrations Have Tripled In Last 5 Years

Major lawsuits and arbitrations against data centers across the world have tripled since 2021, with disputes largely focused on zoning and environmental issues, according to a Tuesday report by global insurance group Howden.

5th Circ. Frees Ericsson Insurers In Terrorism Funding Row

The Fifth Circuit found that multiple insurers have no duty to defend Ericsson Inc. against claims the company funded foreign terrorist organizations, saying that the suit brought by two groups of American vic... (more story)

5th Circ. Won't Hear 'My 600-lb Life' Reality Show Dispute

A split Fifth Circuit refused to entertain legal questions about whether "My 600-lb Life" counts as reality television in a dispute over coverage for underlying suits brought by the show's participants, saying... (more story)

Specialty Lines More

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)

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)

Auto Parts Co. Fights Bifurcation Bid In $50M Coverage Trial

An auto parts manufacturer urged a North Carolina federal court to reject an insurer's request to bifurcate an upcoming trial over claims the insurer improperly denied $50 million in coverage for COVID-19 pand... (more story)

Call Center Seeks Coverage For $5M Adidas Data Breach Deal

A Wisconsin business process outsourcing company said in federal court that a Chubb unit breached its policy when the insurer refused to cover $5 million the call center paid to Adidas to resolve claims over d... (more story)

AIG Can Depose Former Texas Fraud Chief In Conduent Trial

AIG can depose the former chief of the Civil Medicaid Fraud Division of the Texas Attorney General's Office as part of a trial to determine if the $236 million Medicaid settlement between the office and Condue... (more story)

Subcontractor Can't Get Delay Damages In Quantico Project

A Virginia federal judge said Liberty Mutual does not have to cover most of an electrical subcontractor's losses from years of delays on a Marine Corps Base school project, finding a clause barring damages for... (more story)

6 Major Insurance Bills On Newsom's Desk In Calif. 

California lawmakers approved significant insurance bills in recent weeks, including legislation designed to establish standards for insurers handling smoke damage claims, increase claims handling transparency... (more story)

Insurance Litigation Week In Review

An AIG unit doesn’t owe $25 million for an oil and gas well explosion, a personal protective equipment manufacturer isn’t entitled to coverage for forever-chemical exposure claims, an insurer must cover four N... (more story)

Insurer Seeks Exit From Fatal Drunk-Driving Trucker Suits

An insurer told an Alabama federal court it has no duty to defend or indemnify a tractor-trailer driver against several lawsuits alleging he was drunk while driving his wife's tractor when he crashed into mult... (more story)

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... (more story)