Expert Analysis

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)

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... (more story)

Property More

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)

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)

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.

State Farm Spared Treble Damages In Policyholders' $38M Win

A Washington federal judge on Monday said policyholders failed to show they were entitled to enhanced damages after the court determined State Farm shorted them on payouts for totaled vehicles, finding class m... (more story)

State Farm Attorney Sanctioned $999.99 For AI Hallucinations

An attorney for State Farm who filed several motions citing nonexistent cases and fabricated quotes generated by AI software must pay a $999.99 sanction, a Los Angeles judge ruled, an amount one cent below the... (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)

General Liability More

6th Circ. Ruling May Broaden Professional Services Exclusion

The Sixth Circuit issued a decision this month that could expand the scope of the professional services exclusion. Law360 Insurance Authority talks to Joshua Rosenberg of Barnes & Thornburg about how the decis... (more story)

8th Circ. Well Explosion Case Offers Lesson On Notice

Law360 Insurance Authority talks to Paul E. Traynor of the University of North Dakota School of Law about an Eighth Circuit reversal in a well explosion coverage dispute, ambiguity in policy contracts, and the... (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)

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)

9th Circ. Says Hyundai, Kia Parent Cos. Can't Slip Theft MDL

The Ninth Circuit on Monday found that a district court wrongly dismissed insurers' claims against the Korea-based parent companies of Kia and Hyundai alleging their vehicles were susceptible to theft, saying ... (more story)

1st Circ. Backs Travelers In RI State Worker's UIM Benefits Bid

A Travelers unit doesn't owe underinsured motorist coverage to a Rhode Island state employee who was injured in a car crash during the scope of her employment, the First Circuit said, refusing to depart from t... (more story)

Zurich Needn't Cover Auto Dealers In Deceptive Pricing Row

Two Zurich units have no duty to defend or indemnify a group of auto dealers accused by the Federal Trade Commission and the Maryland Attorney General's Office of misrepresenting the cost of vehicles to consum... (more story)

Specialty Lines More

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)

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)

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)

Insurer Wants Fees For Claims Handler's 'Misrepresentations'

An excess liability insurer asked a Pennsylvania federal court to award attorney fees for the costs of defending what the insurer called "baseless" accusations from a claims handler that hinged on a letter the... (more story)

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 ambiguo... (more story)

SVB Parent's Claim Loss To FDIC Bears Bond Wording Lesson

A North Carolina federal court’s recent ruling that the Federal Deposit Insurance Corp., as receiver for the collapsed Silicon Valley Bank, solely owns a $73 million fraud claim illustrates why parent financia... (more story)