Expert Analysis

• State Of Insurance: Q1 Notes From Pennsylvania

  

  From causation standards in first-party property claims, to the scope of statutory bad faith liability, to the enforceability of arbitration provisions in underinsured motorist disputes, three recent cases illustrate how Pennsylvania courts continued to refine the boundaries of coverage and dispute resolution, says Todd Leon at Marshall Dennehey.

• Reel Justice: 'No Other Choice' And Moral Rationalization

  

  In the satirical thriller "No Other Choice," the main character rationalizes his decision to kill business competitors by creating a narrative of necessity, illustrating for attorneys the dangers of treating strategic litigation decisions as inevitabilities rather than choices, says Veronica Finkelstein at Wilmington University.

• 5 Trial Lessons You Learn By Losing

  

  Exploring insights that are usually gained only after trial loss can expose the gaps between what we intend to communicate and what lands with the fact-finder, including why being right isn't always a win and how winning a cross‑examination can help you lose your case, says Allison Rocker at Baker & McKenzie.

• Class Actions At The Circuit Courts: April Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from three recent rulings involving allegations of racial discrimination in mortgage applications, health insurance networks and actual cash value losses.

• Lockdown To Ledger: COVID Rulings Inform Crypto Coverage

  

  As cryptocurrencies move deeper into mainstream financial markets, courts tasked with determining whether traditional insurance policies respond to digital asset losses have been evaluating coverage through the analytical framework of COVID-19 business interruption litigation, with one key recurring theme, say attorneys at Kennedys.

• What New Fla. Citizens Bill Means For Surplus Lines Insurers

  

  A Florida bill recently passed by the Legislature as part of a continued effort to depopulate Citizens Property Insurance, the state's insurer of last resort, creates an additional pathway for commercial policies to be written by surplus lines insurers, but also presents concerns of unnecessary regulation, say attorneys at Troutman.

• 6th Circ. Can Extend Insurance Valuation Clarity Beyond Auto

  

  In rehearing Clippinger v. State Farm, the Sixth Circuit can align itself with the recent drumbeat of other circuits rejecting class certification of auto total loss claims and set standards that apply to similar claims brought under homeowners and other types of insurance policies, say attorneys at Jackson Walker.

• Reel Justice: 'Mercy' And Private Surveillance As Evidence

  

  The near-future depicted in the film “Mercy” reminds attorneys that private surveillance networks are becoming central to the evidentiary ecosystem, shaping what prosecutors can obtain, what defendants must explain and what jurors may interpret as objective truth, says Veronica Finkelstein at Wilmington University.

• AVOID Act Creates 3rd-Party Litigation Risks For Transpo Cos.

  

  New York's Avoiding Vexatious Overuse of Impleading to Delay Act, which takes effect next month, will require new risk management strategies from transportation companies as it attempts to drastically change the scope of third-party litigation while failing to address practical realities of civil disputes, says Steven Saal at Lucosky Brookman.

• Acquiring Co-Insurer Coverage Aid In Fla. Builder Defect Suits

  

  With the recent influx of Florida construction defect lawsuits putting builder’s insurance carriers in the crosshairs, parties must actively seek new methods tailored to the state to compel as many subcontractors, carriers and co-insurers as possible to share the expense and risk of their defense, says Nick Richardson at Segal McCambridge.

• Witness AI Usage Is The Next Privilege Battle In Civil Litigation

  

  Fact and expert witnesses now have immediate access to artificial intelligence systems capable of simulating deposition questioning, recommending answers and more, but this preparation occurs privately, invisibly and frequently under the mistaken assumption that it is harmless, says Bill Kanasky at Courtroom Sciences and Billy Davis at Taylor Nelson.

• Emissions Permits May Not Override Pollution Exclusions

  

  Two recent coverage rulings from the Illinois Supreme Court and the Third Circuit suggest a trend among appellate courts to deny coverage under pollution exclusions, even when the emissions happened pursuant to a government permit, say attorneys at Simpson Thacher.

• How Data Centers Can Prep For Legal Challenges Amid War

  

  Amid conflict in the Middle East, data centers may now be exposed to state-level kinetic threats, creating significant legal, regulatory and contractual implications, so operators should update their legal and operational frameworks in order to withstand future disruptions and meet the regulator expectations, say attorneys at Baker Botts.