Expert Analysis

State Of Insurance: Q3 Notes From Pennsylvania

Pennsylvania courts issued several noteworthy insurance decisions last quarter, offering practical guidance for in... (more story)

How To ID And Respond To 5 Types Of Misleading Witnesses

Witnesses can mislead fact-finders using a variety of tactics — from strategic amnesia to manufactured ignorance —... (more story)

Key Risk Assessment Gaps To Note From NY Cyber Guidance

Covered entities should take a fresh look at the compliance gaps flagged in recent New York State Department of Fi... (more story)

Property More

Penn National Tells 4th Circ. Insurer Dodged Injury Defense

A Fourth Circuit appellate panel on Thursday questioned what insurance company Penn National could possibly recover from another insurer that the former says shirked its defense responsibilities in a personal ... (more story)

1st Circ. Seeks Mass. Justices' Input On USAA Rate Row

The First Circuit asked Massachusetts' highest court to weigh in on a suit by service members alleging USAA improperly considered their military pay grade when issuing auto insurance policies, finding the disp... (more story)

Insurance Litigation Week In Review

The Florida Supreme Court clarified the reach of a notice requirement. The North Carolina Supreme Court ruled against an insurer in a shareholder dispute. The Fifth Circuit sided with an oil producer in a inde... (more story)

States Say GM Will Pay $220M To Settle Driver Privacy Claims

Attorneys general said Thursday that General Motors will pay $220 million to three dozen states to settle claims that it illegally sold nearly 10.3 million drivers' behavior data and location information to th... (more story)

11th Circ. Says Insurer Needn't Pay More For Storm Losses

A Hartford insurer that paid out a Florida condominium association's claim for 11 buildings that sustained flood damage during Hurricane Ian does not owe any additional coverage, the Eleventh Circuit said, aff... (more story)

Citizens Tells Fla. Justices Arbitration Forum Isn't Biased

Florida's insurer of last resort urged the state's top court to reverse a trial court's refusal to enforce a policy arbitration clause, arguing there is no evidence supporting the lower court's determination t... (more story)

PFAS Ruling Extinguishes A Policyholder Path To Coverage

Following an Ohio federal court's recent ruling in Fire-Dex v. Admiral Insurance, policyholders whose PFAS exposure is concentrated in workplace products will see bids for coverage fail under the occupational-... (more story)

Colo. Justices Skeptical Of Facility's COVID-Tied Coverage Bid

Colorado justices expressed skepticism Thursday toward a retirement facility owner's bid for the high court to find it's owed coverage for physical damage losses sustained early in the pandemic, pressing couns... (more story)

LA Affordable Housing Developer Talks High Premiums

The Little Tokyo Service Center in Los Angeles has struggled in recent years to develop and maintain affordable housing as insurance costs have increased. The director says there are promising ways to reduce the burden.

Ariz. Justices Raise Bar For Insurers' Fortuity Defense

The Arizona high court for the first time defined a "fortuitous loss" under property insurance policies. The decision raises the standard for insurers seeking to dismiss coverage claims based on foreseeable risks.

General Liability More

Chubb Says Barrier Rental Deal Doesn't Trigger Coverage

A Chubb unit asked a Texas federal court to find that a highway safety product supplier is not owed coverage under Chubb's policy to a barricade control company for a personal injury suit from a driver, saying... (more story)

Builder Says Insurer Shifted Reasons To Deny $600K Claim

A general contractor said its insurer must pay nearly $600,000 and counting for costs incurred to remedy a flooring subcontractor's faulty work, telling a Tennessee federal court that the carrier wrongfully de... (more story)

Trucking Co. Says Insurer Must Cover Crash Cleanup Claim

A trucking company said its insurer wrongfully denied coverage for a claim stemming from a fatal crash involving one of its drivers on the grounds that the driver was not listed under the policy, telling a Tex... (more story)

Judge Rejects Extra Hurdle For Medicaid Frailty Exemption

A Trump administration bid to create additional barriers to Medicaid eligibility was rejected Thursday by a Massachusetts federal judge, who ruled that Congress did not delegate to the executive branch the tas... (more story)

5th Circ. Backs Liberty Mutual Unit In Pileup Coverage Dispute

A Liberty Mutual unit owes no coverage to contractors for a Texas interstate construction project who are facing lawsuits over a fatal 130-vehicle pileup caused by a historic winter storm, the Fifth Circuit sa... (more story)

Insurers Say No Bad Faith In $240M Overdraft Coverage Denial

A group of insurers who say they don't owe Truist Bank coverage for a $240 million settlement of a consumer overdraft fee class action asked a North Carolina federal court to dismiss the bank's counterclaims, ... (more story)

NFL Coverage Ruling Sets Limits On Long-Tail Claim Defenses

A New York appellate court's recent decision — holding that National Football League players who sustained neurological injuries had suffered multiple occurrences for insurance coverage purposes — may also be ... (more story)

Coverage Barred For Bulldozer Injury Suit, Insurer Says

An insurer said it owes no coverage to an employer accused of negligently hiring a man who ran over another worker with a bulldozer at a construction site, telling a Texas federal court that its policy bars co... (more story)

Wash. Foster Home Abuse Claims Not Covered, Insurer Says

A boys group home operator isn't entitled to coverage for claims stemming from abuse alleged by former residents of the Washington state facility, an insurer told a federal court, saying the facility is not li... (more story)

Geico Says Fla. Cos. Owe $4M For Fraudulent Billing Scheme

A group of Geico insurers told a Florida federal court Friday that they are entitled to recover more than $4 million from healthcare companies that they say submitted thousands of fraudulent no-fault insurance... (more story)

Specialty Lines More

Ga. Developer Fights Coverage Denial For Fraud Loss

A developer told a Georgia federal court that a Chubb unit wrongly denied coverage for losses stemming from a third party's accessing of a client's payment portal to direct payments away from the developer.

Global Webpage Flaw Unlikely To Spur Big Insurance Losses

The discovery of vulnerabilities in most websites sent companies scrambling. It's a disruption policyholders will likely shoulder without help from cyber insurers. 

YouTuber Sues Broker Over Logan Paul Defamation Coverage

A YouTube investigator who called influencer and professional wrestler Logan Paul's cryptocurrency project a scam sued insurance brokers, alleging they failed to procure an insurance policy that would have pro... (more story)

Milliman Reaches $15.5M Deal In Life Insurance FCRA Suit

Risk management firm Milliman Inc. is set to pay $15.5 million to resolve a consumer class action accusing the company of peddling flawed information to life insurance companies, according to a proposed settle... (more story)

Driving Boat To Oilfield Isn't Maritime Work, 5th Circ. Says

Using a boat to transport workers to oil platforms off the Louisiana coast does not make a labor supplier and oil producer's services agreement a maritime contract with an enforceable indemnity provision, a Fi... (more story)

Insurance Litigation Week In Review

A landlord gets a redo in a $2.7 million water damage dispute, Travelers escapes a suit brought by cryptocurrency mining companies, and a Michigan appeals panel weighed in on no-fault medical coverage. Law360 ... (more story)

5 Ways Trial Attys Can Build Mental Health Counseling Skills

Studies demonstrate that many attorneys are not equipped to respond adequately to trauma exposure, but trial lawyers can build several key skills drawn from mental health counseling into their interactions wit... (more story)

OB-GYN Not Covered In Abortion Mishap Suit, Insurer Says

An insurer said it owes no coverage to a Washington state OB-GYN accused of advising a patient to terminate a normal pregnancy based on a misdiagnosis, telling a federal court that the patient's request for me... (more story)

How Rule 45 Update May Change Remote Trial Subpoenas

The Committee on Rules of Practice and Procedure's recently recommended update to Rule 45 of the Federal Rules of Civil Procedure would expand trial courts’ subpoena power for remote testimony, but it would no... (more story)

Liberty Mutual Escapes Spyware Class Claims

A website wiretapping lawsuit against Liberty Mutual Insurance was thrown out for lack of standing Tuesday, after a Pennsylvania federal judge found the proposed lead plaintiff hadn't claimed any sensitive, pe... (more story)