Expert Analysis

'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, d... (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 cautiona... (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 ... (more story)

Property More

Pulte Settles Final Claims For NM Building Defect Coverage

A PulteGroup affiliate has settled a 2023 federal lawsuit against a group of 21 insurance companies to compel coverage for construction defect claims at an Albuquerque, New Mexico, housing development.

Oil Giants Sued Over Climate-Linked Rise In Insurance Costs

The fossil fuel industry spent decades pushing a coordinated disinformation campaign to conceal its central role in climate change, saddling homeowners with a multibillion-dollar increase in insurance costs as... (more story)

$2.6M Coverage Suit Over Bronx School Collapse Paused

A New York federal judge paused a $2.6 million lawsuit Tuesday against Zurich Insurance over unpaid insurance coverage following the collapse of a Bronx school construction site after both parties asked for a ... (more story)

Pulte Settles Shoddy Construction Insurance Coverage Suit

Two subsidiaries of homebuilding giant PulteGroup Inc. have agreed to settle their suit in New Mexico federal court against a group of insurers that allegedly didn't want to defend the Pulte companies from def... (more story)

Insurer Says Bio-Lab Owes $20M For 2024 Chemical Plant Fire

A Hanover Insurance unit is owed more than $20 million from chemical manufacturer Bio-Lab Inc. and its parent companies for past and future payments made to an HVAC supply company whose property was damaged by... (more story)

Judge Blocks Meritage's Bid To Split Defect Coverage Claims

A Texas federal court has refused to separate claims for stucco home construction defects, which it previously held are covered under Meritage Homes' policies with AIG, from claims that have yet to be resolved... (more story)

NC Hotel Owner Says Insurer Botched Tornado Damage Claim

An insurer failed to conduct a meaningful investigation of a North Carolina hotel's claim for tornado damage, the property owner alleged in a suit removed to federal court, saying the insurer issued a "puzzlin... (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)

Progressive Wins Appeal In Bad Faith Insurance Dispute

The Eleventh Circuit has affirmed a win for Progressive Insurance in a bad faith dispute after finding that the trial court did not err in excluding evidence of the insured's previous win on breach of contract... (more story)

Fla. Condo Says Insurers Handled Storm Claim In Bad Faith

A group of property insurers acted in bad faith by failing to properly, timely and fairly adjust a claim for damage caused by Hurricane Sally in 2020, the owner of a Pensacola condominium complex told a Florida federal court.

General Liability More

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

The Eleventh Circuit reversed a lower court ruling in an unpublished opinion issued Wednesday that ordered State Farm to cover a $1.13 million judgment against a gas station owner by an employee who was shot o... (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)

Hyperbaric Chamber Death Suit Not Covered, Insurers Say

Two Nationwide insurers said they have no duty to defend or indemnify a hyperbaric oxygen therapy center or its employees in a suit over the death of a 5-year-old boy, telling a Michigan federal court that the... (more story)

1st Circ. Clears IT Co. In Suit Over Zoll Patient Data Breach

An information technology company cannot be held liable for a data breach exposing the health information of patients of a unit of medical device maker Zoll Medical Corp, the First Circuit ruled, because the t... (more story)

EEOC Accuses Northwestern Mutual Of Blocking DEI Probe

The U.S. Equal Employment Opportunity Commission urged a Wisconsin federal court Thursday to force Northwestern Mutual to hand over details about its diversity, equity and inclusion policies and workplace trai... (more story)

Cyber Ruling Illustrates Risks Of Overlapping Coverages

A Minnesota federal court recently held that insurer Illinois Casualty had to defend a suit alleging personal and advertising injury under both cyber protection coverage and the general liability coverage, hig... (more story)

Colo. High Court Considers Insurers' Noncooperation Defense

Colorado Supreme Court justices on Wednesday questioned the scope and effects of a state law requiring insurers to meet certain requirements in requesting information from policyholders before bringing a failu... (more story)

Contractor Not Covered In Pa. Hotel Construction Dispute

A pair of Zurich insurers have no duty to defend or indemnify a contractor accused of mismanaging the construction of a dual-brand hotel in Pennsylvania, a California federal court ruled, saying coverage for t... (more story)

Senate GOP Resists Extending Expanded ACA Tax Premiums

Senate Finance Committee Democrats on Wednesday urged their Republican counterparts to extend the enhanced tax credits for the Affordable Care Act, which is set to expire at the end of the year, but Republican... (more story)

Religious Org. Not Covered For Sex Abuse Suit, Insurer Says

A nonprofit insurer said a Christian ranch for "at-risk" boys isn't owed coverage for a lawsuit alleging physical and sexual abuse, telling a Missouri federal court that the ranch failed to adequately provide ... (more story)

Specialty Lines More

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)

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)

Ill. State Farm Suit Tests State Insurance Data Demand Limits

The Illinois Department of Insurance's recently filed suit against State Farm, seeking nationwide data on its homeowners insurance, raises important issues as to the breadth, and possible overreach, of a state... (more story)

Insurer Needn't Cover LA Zoo Org. In City Contract Dispute

An insurer doesn't owe coverage to the Los Angeles Zoo's nonprofit arm in a contractual dispute brought by the city, a California federal court has ruled, finding that all claims are excluded under the associa... (more story)

Drafting For Distress: D&O Policy Tips Ahead Of Ch. 11 Filings

Considering recent bankruptcy statistics and the economic climate, now is a good time for companies to revisit their directors and officers liability insurance coverage, as understanding how these programs are... (more story)

11th Circ. Limits $1M Payout For Sheriff In Parkland Shooting

The Eleventh Circuit limited a Florida sheriff's office's responsibility to only $1 million in a lawsuit involving a 2018 high school mass shooting, saying its insurer must pay the excess damages to the victim... (more story)