Expert Analysis

How To Counter 7 Logical Fallacies In Legal Arguments

Many legal arguments are riddled with reasoning flaws that can effectively distract or persuade the fact-finder, b... (more story)

Exploring Good Faith And Bad Faith, From Dock To Doorstep

Evolving in different contexts, property and maritime insurance take almost opposite views on the foundational con... (more story)

Reel Justice: 'Sentimental Value' And Witness Anxiety

"Sentimental Value" reminds us that anxiety can interfere with performance, but unlike actors, witnesses cannot re... (more story)

Property More

$95M Kaiser Row Tees Up Challenge For Fund Returns

Kaiser Foundation Health Plan’s lawsuit seeking $95 million in coverage for a recently settled whistleblower action raises an important challenge to policy language that limits coverage for claims related to r... (more story)

Insurance Litigation Week In Review

A North Carolina church is entitled to $1.1 million in coverage for a roof damage claim, a semiconductor manufacturer was owed a defense against an employee's birth defect suit, and a CNA unit need not defend ... (more story)

AIG Insurer Can't Avoid Fla. Condo's $3.8M Plumbing Suit

An AIG unit can't escape a Florida condominium association's suit seeking $3.8 million for plumbing damage, a federal court ruled, saying there is a factual dispute regarding whether the insurer was prejudiced... (more story)

4th Circ. Backs $1.1M Roof Verdict Against Church Insurer

The Fourth Circuit affirmed a North Carolina federal jury's $1.1 million award to a church for a roof damage claim, rejecting arguments from the church's insurer that the court adopted the wrong causation stan... (more story)

Contractor, Insurer Must Defend Rubber Co. In Burn Suit

An industrial services contractor and its insurer must defend a synthetic rubber manufacturer in an underlying personal injury suit accusing the company of negligently maintaining a pipe that broke and severel... (more story)

Insurance Litigation Week In Review

The Texas Supreme Court on “windstorms,” the Fourth Circuit on a construction company settlement, and a split Fifth Circuit backs State Farm in a sewage damage dispute. Law360 looks at the past week's top insurance news.

Clarifying A Persistent Misconception About Settlement Talks

An Indiana federal court’s recent Cloudbusters v. Tinsley ruling underscores the often-misunderstood principle that Rule 408 of the Federal Rules of Evidence does not bar parties from referencing prior settlem... (more story)

Tick, Tock: Maximizing The Clock, Regardless Of Trial Length

Whether a judge grants more or less time for trial than an attorney hoped for, understanding how to strategically leverage the advantages and attenuate the disadvantages of each scenario can pay dividends in j... (more story)

Senior Community Says Insurer Owes Millions In Coverage

A Kansas-based senior living community claimed in Colorado federal court that its insurance company failed to pay out what it owed as part of the community's policy after a sprinkler system in the facility bur... (more story)

Jury Clears Insurer In $4M Apartment Shooting Suit

AMCO Insurance Co. doesn't owe an Atlanta apartment complex coverage in an underlying dispute brought by a resident who was shot while sleeping, a jury ruled Wednesday, finding that the complex's delay in noti... (more story)

General Liability More

Tokio Marine Unit Need Not Defend CEO In Sex Abuse Row

A Tokio Marine unit has no duty to defend or indemnify a sporting goods store and its former chief executive officer from underlying litigation by high school students alleging that he sexually exploited them ... (more story)

Judge Advised To Keep Progressive Shooting Coverage Case

A Louisiana federal court should not dismiss a suit by a Progressive unit asserting it has no duty to defend or indemnify a nail salon for claims stemming from a fatal shooting, a magistrate judge recommended,... (more story)

Landowner Says Insurer Must Cover $1.3M Easement Dispute

A San Diego landowner said a Liberty Mutual insurer must cover an easement interference suit that resulted in a $1.3 million award against it, telling a California federal court that the insurer wrongfully den... (more story)

Insurance Row Judge Unsure If Co. Distinct From Owner

A North Carolina federal judge seemed perplexed by an argument making a distinction between a sole proprietorship and the person who owns it, telling an attorney for a young woman trying to collect a $10 milli... (more story)

Chubb Unit Can't Duck $3M Oil Well Injury Overpayment Claim

A Chubb unit can't escape an insurer's counterclaim seeking to recoup $3 million it paid to settle an oil well injury suit, a Texas federal court ruled, saying the other carrier adequately alleged a well-site ... (more story)

Insurer Found In Breach Of Duty In Timeshare Exit Co. Case

Insurer RSUI Indemnity Co. Inc. breached its duty to defend timeshare exit company Reed Hein & Associates LLC from class claims that it engaged in deceptive practices and defrauded customers, a Washington fede... (more story)

Cos. Not Covered In Garage Door Death, Insurer Tells Court

An insurer said it has no duty to defend a developer or contractors accused of causing a woman to sustain fatal injuries from an unsecured garage entry door, telling a Florida federal court that the event did ... (more story)

Investment Firm Denied CNA Defense From Competitor

A CNA Financial Corp. unit has no duty to defend an investment firm from suits alleging it stole a competitor's employees and solicited its investors, a Connecticut federal judge said Thursday, ruling any clai... (more story)

Ga. Panel Seeks Clarity On Rationale For Doctor's $12M Win

Attorneys for an insurer and a vascular surgeon who alleged the company's subpar defense in a malpractice case destroyed his career fielded tough questions from a Georgia appeals court Thursday, as the judges ... (more story)

Insurer Must Cover $5.5M Crash Settlement, 4th Circ. Says

A highway construction company is entitled to coverage under a subcontractor's policy for a $5.5 million settlement over two motorcycle crashes, the Fourth Circuit held Wednesday, finding that the company's li... (more story)

Specialty Lines More

Insurer Dodges Spinoff Coverage Suit From 'Maya' Verdict

A professional liability insurer does not have to defend the law firm that secured a $213 million award for the woman at the center of the documentary "Take Care of Maya" in a dispute over trial consultant fee... (more story)

Insurer Can't Cap Pizza Chain's Cyberattack Payout At $250K

A cyber insurer can't rely on a ransomware endorsement to limit Cicis Pizza's claim for coverage of a cyber extortion event to $250,000, a Texas federal court has ruled, saying the policy's $3 million limits a... (more story)

NC Firm Says Insurers Shirked Coverage For Forgery Loss

A North Carolina law firm has sued its insurers over coverage for nearly $130,000 it lost as a result of a forged cashier's check and related wire transfer, saying the carriers wrongfully denied coverage despi... (more story)

Insurer Owed Defense In Birth Defect Suit, 9th Circ. Says

A commercial general liability insurer had a duty to defend a semiconductor manufacturer against an employee's suit claiming that his exposure to chemicals at work caused birth defects in his son, the Ninth Ci... (more story)

Mind The Gap: Crafting D&O Straddle Coverage For M&A

A recent Florida federal court decision highlights an often-overlooked risk for those negotiating directors and officers insurance coverage for mergers and acquisitions: the potential for so-called straddle cl... (more story)

Kaiser Sues Insurers To Tap $95M D&O Policy For Fraud Deal

Kaiser Foundation Health Plan sued Chubb and other insurers in California federal court Friday seeking to tap $95 million in directors and officers liability coverage for a recently settled whistleblower actio... (more story)

Alcoa Fights Retirees' Win In Life Insurance Fight At 7th Circ.

Alcoa USA Corp. is looking to erase its retirees' win in a class action that claimed the aluminum manufacturer illegally cut off their life insurance benefits, telling the Seventh Circuit that the retirees owe... (more story)

4th Circ. D&O Ruling Shows Why Textual Policy Args Are Best

The Fourth Circuit's recent decision in favor of the insurer in Navigators Insurance v. Under Armour highlights how plain-text policy interpretation protects party autonomy and improves predictability to the b... (more story)

Doc Fight Delays Trial In $22M McCarter & English Loan Suit

The delayed disclosure of thousands of documents has created "a lot of prejudice" against McCarter & English as it fights a $22.5 million professional malpractice lawsuit, and the impending trial must be pushe... (more story)

Travelers Must Defend Ag Co.'s Herbicide Suit, With Limits

A Delaware state judge has found that Travelers Casualty and Surety Co. must fund the defense of an agricultural chemical company in six suits alleging that a chemical made by its predecessors gave users Parki... (more story)