Expert Analysis

11th Circ. Ruling Stresses Economic Reality In Worker Status

The Eleventh Circuit's recent worker classification decision in Galarza v. One Call Claims, reversing a finding th... (more story)

How Unchecked AI Exposes Expert Opinions To Exclusion

A growing number of cases illustrate the potential for misuse of artificial intelligence tools by experts in litig... (more story)

A Primer On NYDFS' 3rd-Party Cybersecurity Guidance

The New York Department of Financial Services' recently released comprehensive guidance for registrants on managin... (more story)

Property More

Insurance Litigation Week In Review

The Eleventh Circuit said a State Farm unit doesn’t owe $1 million for a gas station shooting, a California federal court gave its final sign-off to a $4 million settlement between Allstate and home insurance ... (more story)

Allstate, Homeowners' $4M Deal OK'd In Overcharge Dispute

A California federal court gave final approval to a deal requiring Allstate to pay $4 million to end claims that it overcharged home insurance policy owners by inflating the square footage of their homes.

Mich. Judge Tosses Crypto Cos' $6.8M Travelers Fire Suit

A Michigan federal judge on Wednesday dismissed a lawsuit from two cryptocurrency mining companies that alleged Travelers Insurance Co. and Northfield Insurance Co. exacerbated their building's fire loss throu... (more story)

Drivers Get Class Cert. In Liberty Mutual Rental Coverage Suit

A Massachusetts federal judge on Tuesday granted class certification to a group of auto drivers alleging that a Liberty Mutual subsidiary prematurely terminated car rental coverage, but denied the group's requ... (more story)

Judge Doubts That FEMA Funds Freeze Is Harmless

A Massachusetts federal judge on Tuesday appeared to push back on assertions by the Trump administration that states are not entitled to a court order vacating what the government says is a temporary freeze of... (more story)

Colo. Hotel Owner Seeks $790K In Storm Damage Coverage

An insurer owes more than $790,000 for damage to a hotel roof during a winter storm and resulting water damage, a Colorado property owner alleged in a suit removed to federal court, saying the carrier unreason... (more story)

AM Best Says US Home Insurance Market Outlook Is 'Stable'

The U.S. homeowners insurance market is benefiting from a combination of moderating premium growth, reinsurance market stabilization and improved catastrophe risk management practices, global credit rating age... (more story)

Chancery Sets Standard In Scottish Re Case

The Delaware Chancery Court has signed off on the framework that will govern how scores of insurers press claims in the liquidation of Scottish Re (U.S.) Inc., issuing an opinion to spell out when courts must ... (more story)

4 Mass. Rulings You May Have Missed In November

A judge dismissed a flurry of proposed class actions alleging retailers flouted a Massachusetts law requiring that job applications include a notice of the state's ban on lie detectors, while a personal injury... (more story)

Title Co., Investor Must Split Blame In $13M Escrow Fraud Suit

A title company is partially liable for mishandling $13 million wired into escrow by an investor seeking a 50% ownership interest in a 17-hotel deal, a California federal judge ruled, finding that the title co... (more story)

General Liability More

Mt. Hawley Nabs Full Win In Citibank Landlord's Coverage Bid

A New York federal court handed Mt. Hawley Insurance Co. a complete win over a Bronx property owner's claim that the insurer had a duty to defend it from a suit brought by a security guard who tripped in a Cit... (more story)

Mortgage Insurer Inks $650K Deal To End ERISA Suit

A mortgage insurance company has agreed to pay $650,000 to close a worker's proposed class action filed in North Carolina federal court claiming its mismanagement of an employee retirement profit sharing plan ... (more story)

Allstate Files RICO Suit Over Fla. Clinic's 'Exorbitant Charges'

Allstate hit a Florida medical practice and its owner with a Racketeer Influenced and Corrupt Organizations Act complaint alleging the owner ran an insurance billing scheme for pain management care in violatio... (more story)

Cos. Owe $946K For Grain System Collapse, Insurer Says

Companies hired to construct a grain drying, handling and storage facility on a Mississippi farm are responsible for more than $946,000 in damage caused by the system's collapse, the farm operator's insurer to... (more story)

Travelers Asks Texas Court To Allocate $11M Auto Coverage

The Travelers Indemnity Company of America asked a Texas federal court Monday to divvy up $11 million in insurance policy limits to relieve the insurer and the energy company it insured from wrongful death law... (more story)

Mich. Law Firm's Misrepresentation Voids Policy, Insurer Says

An insurer asked a Michigan federal court to rescind and void a law firm's professional liability policy, saying the firm failed to disclose a potential malpractice claim arising out of its representation of t... (more story)

11th Circ. Says State Farm Doesn't Owe $1M For Shooting

The Eleventh Circuit reversed a lower court ruling in an unpublished opinion that ordered State Farm to cover a $1.13 million judgment against a gas station owner by an employee who was shot on the premises, s... (more story)

Broward Schools Sue Insurer To Cover Parkland Settlement

The School Board of Broward County, Florida, was "wrongfully abandoned" after its insurer failed to provide anything beyond $700,000 to cover a $26 million settlement to resolve suits from the 2018 mass shooti... (more story)

'Measure Twice, Cut Once' Also Applies To Builders' Insurance

A New York federal court's recent decision in Ohio Security Insurance v. Southwest Marine and General Insurance, denying additional insured coverage, shows why it's key to apply the caution of "measure twice, ... (more story)

1st Circ. Offers Diversity Jurisdiction Lessons For Assignees

A recent First Circuit opinion in Gore v. SLSCO, dismissing a case after years of litigation, serves as a cautionary tale about what can go wrong if an assignee has not alleged sufficient facts to demonstrate ... (more story)

Specialty Lines More

Judge To OK $16.5M 23andMe Insurer Buyback Deal In Ch. 11

A Missouri bankruptcy judge Wednesday agreed to approve a $16.5 million settlement between genetic testing company 23andMe and its insurers, in which the carriers proposed to buy back the unused portion of the... (more story)

23andMe Seeks OK For $16.5M Cyber Insurance Settlement

Genetic testing company 23andMe asked a Missouri bankruptcy judge to approve an agreement it reached with a group of cyber insurers, in which those carriers would buy back the remaining portion of their aggreg... (more story)

Marsh Says Yacht Coverage Rival Poached Employees, Clients

Insurance broker Marsh & McLennan Agency told a New York federal court that its competitor carried out a coordinated scheme to poach an experienced employee with a roster of high-value clients to bulk up its r... (more story)

Ex-Atty Not Covered In $750K Law Firm Purchase Dispute

An insurer has no duty to defend or indemnify a disbarred attorney, who is currently serving a 90-month sentence for embezzling funds from his clients and law firm, in an underlying suit claiming he owes more ... (more story)

Bojangles Franchisee Ends Coverage Battle With Final Insurer

The largest franchisee of chicken and biscuit restaurant Bojangles has dropped its claims against the last of three insurers it sued for coverage of an underlying suit over an employee's alleged rape by a co-w... (more story)

Wash. Hits Regence BlueShield With Transparency Fine

Washington's insurance commissioner slapped Regence BlueShield with a $550,000 fine, the state announced Monday, for purportedly violating reporting requirements under a federal law that says health insurers m... (more story)

How Trial Attys Can Sidestep Opponents' Negative Frames

In litigation, attorneys often must deny whatever language or association the other side levies against them, but doing so can make the associations more salient in the minds of fact-finders, so it’s essential... (more story)

Insurance Litigation Week In Review

The Pennsylvania Supreme Court heard oral arguments in a dispute over coverage for sex-trafficking suits, the Illinois Supreme Court questioned whether regulatory permits override pollution exclusions, and the... (more story)

Insurer Says Broker Error Bars Claim For Chocolate Spoilage

Aspen American Insurance Co. hit a U.S. affiliate of French pastry retailer Laduree with a federal complaint seeking to void an insurance contract over a shipment of chocolate the company claimed was improperl... (more story)

Ill. Justices Mull If Permits Override Pollution Exclusions

Counsel for a sterilization company and its former parent seeking defense costs for hundreds of lawsuits over ethylene oxide emissions at a suburban Chicago facility urged the Illinois Supreme Court on Tuesday... (more story)