Expert Analysis

The Insurance Industry's Growing Potential Role In Gun Safety

This year has seen two unprecedented events — the passage of a municipal requirement for gun owners' liability ins... (more story)

Opioid Case May Guide Climate Change Insurance Suits

A recent opioid case in California federal court that defined "accident" narrowly is based on allegations analogou... (more story)

2 Calif. Insurance Decisions Question Boundaries Of Fortuity

Last month, California state and federal courts revisited fortuity issues in two decisions that show how the occur... (more story)

Property More

Helicopter Co. Takes COVID Coverage Fight To 5th Circ.

Louisiana helicopter service company PHI Group Inc. has appealed to the Fifth Circuit in an attempt to get its COVID-19-related losses covered under its all-risk insurance policy with Zurich American Insurance.

Insurer Says Pollution Exclusion Bars Harvey Suits Coverage

Atain Specialty Insurance Co. should have no coverage obligations to a sand mine company accused of releasing materials into Houston-area waterways that hampered the waterways' ability to handle Hurricane Harv... (more story)

A hospitality group and a Native American tribe told the Washington Supreme Court that insurers' warnings that covering COVID-19 claims would force them into bankruptcy are "red herrings" and should be disregarded. (AP Photo/Seth Wenig)
Hospitality Org, Tribe Back Dentist's Virus Coverage Appeal

The Washington Hospitality Association and the Snoqualmie Indian Tribe backed a pediatric dental practice's COVID-19 coverage appeal before the Washington Supreme Court, asking the state's high court to ignore... (more story)

Chubb Unit Says Underlying Deal Beats SXSW Coverage Suit

A Chubb unit told a Texas federal court that the South by Southwest festival's settlement of an underlying suit brought by refund-seeking ticket holders precluded coverage for the settlement and associated def... (more story)

Insurer Asks Judge To Nix Cleveland Bar's Atty Fee Request

Auto-Owners Insurance Co. told an Ohio federal judge Tuesday that the attorney for a Cleveland bar should not be awarded $293,000 in fees and expenses it requested after winning a $1.2 million jury verdict ove... (more story)

COVID-19 Map: Where Virus Coverage Litigation Stands

Since the pandemic began, policyholders have filed some 1,376 federal lawsuits against their insurers seeking coverage for losses related to COVID-19, according to Law360's COVID-19 Insurance Case Tracker.

HVAC Co. Says Insurer Can't Recover Asbestos Defense Costs

An air conditioning company told a Minnesota federal judge that Continental Insurance Co. can't recover its costs defending the company from asbestos claims, arguing that the parties never agreed to that.

General Liability More

Patriarch's $1B Claim Alive Pending Appeal In Zohar Ch. 11

A Delaware bankruptcy judge said Tuesday that an appeal of a ruling she issued earlier in the case of distressed debt investment vehicles should be resolved before she could adjudicate an administrative expens... (more story)

Insurer Seeks Win Against Carrier In $3.7M Mall Cleanup Suit

National Surety Corp. asked an Oregon federal court to reallocate $3.7 million in coverage obligations between it and another insurer currently defending the former owner of a mall that Oregon environmental of... (more story)

KnightBrook Insurance Co. owes coverage to a taxi driver who failed to cooperate in a personal injury suit against her after an accident, a New Jersey appeals judge ruled, finding the insurer did not suffer appreciable prejudice that would justify disclaiming coverage. (AP Photo/Mary Altaffer)
Insurer Must Cover Uncooperative Driver In NJ Crash Suit 

The New Jersey state appeals court ruled Monday that an insurer owes coverage to a policyholder sued by another driver after a motor vehicle accident, finding that the carrier did not suffer appreciable prejud... (more story)

Insurer Asks Again To Intervene In Hotel Sex-Trafficking Suit

Erie Insurance Exchange has again asked an Ohio judge to let it intervene in a sex trafficking suit by an anonymous accuser against multiple hotel companies, saying it has a contract with another one of the ac... (more story)

4th Circ. Rejects Bid To Rehear Collapse Coverage Row

The Fourth Circuit on Monday denied a Tokio Marine unit's request for a full panel rehearing of a previous ruling requiring the insurer to pay treble damages for improperly denying coverage of an apartment com... (more story)

11th Circ. Tosses Reinsurer's $1.6M Win In Fatal Crash Row

The Eleventh Circuit on Monday threw out a $1.6 million judgment won by Endurance American Specialty Insurance Co. alleging another insurer breached its contract in the course of defending a fatal accident sui... (more story)

Judge Removes Insurer From Day Care Death Settlement Suit

Philadelphia Indemnity Insurance Co. cannot force Markel Insurance Co. to contribute $1 million toward a $4 million settlement over an infant's death at a franchise of a day care provider after a Maryland fede... (more story)

Specialty Lines More

7th Circ. Probes Liberty Mutual's Nassar Defense Fees Payout

A Seventh Circuit panel pushed a Liberty Mutual unit Tuesday to address why it paid more than $1.4 million toward defense costs incurred by USA Gymnastics during investigations into sexual abuse by former team... (more story)

D&O Claims Don't Trigger Policy Exclusion, 9th Circ. Told

A laid-off worker at a now-bankrupt solar power company asked the Ninth Circuit to revive an action seeking coverage from the company's insurers, saying an employment exclusion does not apply to breach of fidu... (more story)

The Texas Department of Insurance notified 1.8 million workers' compensation claimants who filed claims between March 2019 and January 2022 that their personal data was exposed in a data breach. The state's auditor recently announced the results of an audit of the department, saying it "should strengthen" its processes around cybersecurity. (
Texas Insurance Dept. Data Breach Exposes Info Of 1.8 Million

A cybersecurity breach at the Texas Department of Insurance resulted in the personal information of about 1.8 million workers' compensation claimants being publicly exposed for close to three years, according ... (more story)

Insurer Must Face NJ Coverage Suit Over Malpractice Claims

A New Jersey state appeals court Tuesday revived a lawsuit alleging Colony Insurance Co. improperly refused to cover a legal malpractice action against a now-deceased attorney, finding that the state's direct ... (more story)

Insurer Asks 11th Circ. To Uphold Wire Fraud Coverage Win

A real estate title company is not entitled to coverage for its wire fraud loss, a Chubb unit told the Eleventh Circuit on Monday, saying a Florida court rightfully held that the title company's policy only of... (more story)

Pediatric Practice Says Insurer Must Cover Sex Abuse Suit

After a pediatric practice lost its bid to dismiss a medical insurer's suit seeking to avoid coverage of an underlying lawsuit alleging sexual abuse, the practice filed a counterclaim demanding coverage.

Insurers Fight Over Cost Sharing In Massage Coverage Row

Aspen Specialty Insurance Co. told a Michigan federal court that Proselect Insurance Co. is refusing a judge's order to share the costs of defending a massage therapist in an underlying negligence suit, while ... (more story)