Expert Analysis

Punitive Damages Awards Should Be Limited To 1st Instance

Recent verdicts in different cases against Johnson & Johnson and Monsanto showcase a trend of multiple punitive da... (more story)

AI Litigation Tools Can Enhance Case Assessment, Strategy

Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy dev... (more story)

The Emerging Issues Shaping Real Estate Project Insurance

As real estate faces increasingly complex considerations — such as climate losses, "nuclear verdicts" and regulato... (more story)

Property More

2nd Circ. Revives Suit Against Broker Over Lead Paint Notice

The owner and manager of a New York City residential property can continue to pursue their negligence claim against their insurance broker after they said the broker failed to provide notice to their insurer a... (more story)

Firepit's Lithium-Ion Battery Caused Blaze, Suit Says

A combination speaker and outdoor firepit's lithium-ion battery catastrophically failed and caused a fire that damaged its owner's property, according to an amended complaint filed Wednesday in Ohio federal co... (more story)

Mich. Justices Probe Nationwide's Combined Tax Filing Win

Two Michigan Supreme Court justices questioned Wednesday whether the state's tax statutes governing insurance companies exclude key phrases that would allow Nationwide entities to file as a unitary group that ... (more story)

Ohio School Says Liberty Mishandled Roof Collapse Claim

A Liberty Mutual unit must cover losses stemming from a roof collapse at a high school after a heavy snowfall, an Ohio school district told a federal court, saying the insurer's handling of the claim prolonged... (more story)

Condo Association's $4.3M Hailstorm Suit Filed Too Late

A condominium association's property insurer owes no coverage for an over $4.3 million hail damage claim, an Illinois federal court ruled, finding that because the association failed to file a properly "sworn"... (more story)

SMEs Fight Liberty Mutual On 'Discovery' Wording And COVID

A group of businesses on Tuesday argued that Liberty Mutual Insurance should pay out for disruption caused by COVID-19 and subsequent lockdowns, on the opening day of the latest trial in a series of cases to e... (more story)

Equipment Breakdown Insurers Needn't Cover Iron Plant Loss

Nucor Corp.'s equipment breakdown insurance doesn't cover an industrial accident at its Louisiana-based direct reduced iron plant, a North Carolina state court ruled, saying no breakdown, as defined by the policy, occurred.

Insurer Investigation Lessons From 'The Real Housewives'

The recent indictment of "Real Housewives of Potomac" stars Wendy and Edward Osefo on charges of insurance fraud serves as a cautionary tale for commercial policyholders about the tools insurers may use to inv... (more story)

Insurer Needn't Cover Conn. Property Co.'s Damage Claim

A Nationwide unit doesn't owe coverage for a property owner's claim over a burst water pipe that resulted in a sudden settling of a commercial building and made it unsafe for tenants, a Connecticut federal cou... (more story)

Cyber Coverage Growing Amid More Ransomware, Pro Says

Ransomware attacks have been increasing in recent years, while the market for cyberinsurance is growing and becoming more competitive, said a cyberinsurance expert at a media briefing from the American Academy... (more story)

General Liability More

Tesla Auto Insurer Accused Of Underpaying Arizona Insureds

Tesla auto insurance policyholders told an Arizona federal court that the insurer has underpaid millions of dollars in claims by failing to comply with statutory requirements governing uninsured and underinsur... (more story)

Husch Blackwell Brings On Morris Manning Insurance Pro

Husch Blackwell LLP has brought on a Morris Manning & Martin LLP attorney in its Atlanta office, strengthening the firm with an attorney experienced in handling complex insurance coverage litigation and commer... (more story)

6th Circ. Says Asbestos Reinsurance Fight Can't Be Rehashed

An Amerisure unit can't seek reimbursement from reinsurer Swiss Re for defense costs paid in underlying asbestos litigation against a building material manufacturer, the Sixth Circuit affirmed, saying the issu... (more story)

Insurer Escapes Defense Duty In Fatal Drunk Driving Case

An insurer has no duty to defend a bowling center against claims that it overserved alcohol to a patron who then drove and killed another motorist, a New Mexico federal court ruled, finding that the policy's l... (more story)

Parade Shooting Victims, Organizers Seek To Ax Insurer's Suit

Individuals who were injured in a mass shooting at the 2024 Kansas City Chiefs' Super Bowl parade and the event's organizers asked a Missouri federal court to toss an insurer's bid to escape coverage, arguing ... (more story)

Apparel Co. Demands Defense Coverage For Adidas TM Suit

Apparel brand Aviator Nation Inc. told a California federal court that its general liability carrier must defend an ongoing lawsuit from Adidas America Inc. alleging that Aviator Nation violated Adidas' famous... (more story)

Insurer Not Liable For Crypto Settlement Row, Judge Says

An insurer for an attorney and his practice does not owe $275,000 to an investment company over a soured cryptocurrency deal that ended in a $700,000 settlement, a Pennsylvania federal court ruled, finding tha... (more story)

Mich. Panel Revives Woman's Claim For No-Fault Benefits

A Michigan state appeals court revived a woman's suit seeking personal injury protection benefits after a car crash, finding one exclusion in her no-fault policy invalid because it contravenes the state's no-f... (more story)

Insurers Denied Bid To Stay Avon's Ch. 11 Plan For Appeal

A Delaware bankruptcy judge denied a motion Thursday from insurers at Lloyd's of London to stay Avon Inc.'s Chapter 11 plan while the insurers appeal, finding the insurers had not shown they would be irreparab... (more story)

Insurer, Subcontractor Settle Sinkhole Coverage Dispute

A subcontractor and its insurer told a Washington federal court that they've settled their coverage dispute over whether the subcontractor lodged an untimely defense tender for a now-settled counterclaim conce... (more story)

Specialty Lines More

4 Firms Fueling Website Tracking Claims, Cyber Insurer Says

A quartet of California-headquartered consumer law firms were behind nearly three-quarters of the website tracking and data privacy claims that both large and small businesses have reported to cyber insurer Co... (more story)

Insurer Must Turn Over Docs In $6.8M Fraud Dispute

An electronic payments company's insurer must turn over claim files and underwriting materials as they continue to litigate whether the company's roughly $6.8 million loss from two fraud schemes falls within i... (more story)

Adhesives Co. Seeks AIG's Defense In Faulty Grout Row

Adhesives manufacturer H.B. Fuller Co. told a Minnesota federal court that an AIG unit has breached its duty to defend the company in a proposed class action over the company's Power Grout product, alleging th... (more story)

Catching Up With Delaware's Chancery Court

From billion-dollar pharma feuds to shifting equity deadlines, Delaware's courts saw another week of battles over mergers, fiduciary duty and judicial limits.

Insurance Litigation Week In Review

The Second Circuit upheld Citgo's $54.2 million judgment against insurers over seized Venezuelan oil cargo, a California federal court officially approved an $80 million class settlement over life insurance te... (more story)

10 Quick Tips To Elevate Your Evidence Presentation At Trial

A strong piece of evidence, whether in the form of testimony or exhibit, is wasted if not presented effectively, so attorneys must prepare with precision to help fact-finders both retain the information and in... (more story)

NY's Allstate Data Breach Case Sent Back To State Court

A New York federal judge has sent a data breach lawsuit against an Allstate Insurance Co. unit back to state court, ruling that he lacks subject matter jurisdiction in the suit because the causes of action in ... (more story)

Hertz Urges Del. Justices To Reverse $170M Insurance Ruling

Hertz Corp. urged the Delaware Supreme Court Wednesday to overturn a lower court's ruling that freed the car rental giant's insurers from covering $170 million in false-arrest settlements, arguing the settleme... (more story)

Insurer Can't Avoid Massage Therapist's Coverage Claims

An insurer can drop its claims against a massage therapist in a dispute over coverage for an underlying malpractice contention but cannot escape the therapist's counterclaims for declaratory relief and breach ... (more story)

2nd Circ. Upholds $54M Award To Citgo In Oil Cargo Dispute

The Second Circuit affirmed a $54 million judgment for Citgo Petroleum Corp. in its suit seeking coverage for oil cargo lost during political unrest in Venezuela, finding Tuesday that a lower court did not err... (more story)