Expert Analysis

Assessing New Risks After The End Of The SEC's Gag Rule

The U.S. Securities and Exchange Commission's recent rescission of its long-standing no‑deny gag rule marks a tran... (more story)

Reel Justice: 'Obsession' And The Importance Of Precision

In “Obsession,” the main character’s failure to define the limits of his wish results in an unexpectedly horrifyin... (more story)

Lessons On Contingency Planning From OFAC's Iran Reversal

The Office of Foreign Assets Control‘s abrupt revocation of a recent license easing sanctions on Iranian oil produ... (more story)

Property More

NJ Panel Says Insurer, Not Driver, Owed Auto Damage Proof

A New Jersey appellate panel held Thursday that the burden of proof was on an insurer, not a driver, in a coverage dispute stemming from a blown head gasket that rendered her vehicle inoperable, vacating the i... (more story)

More Subrogation? Experts Parse Reported Climate Suit Trend

Researchers at the London School of Economics see more climate change-related subrogation litigation on the horizon. Insurance experts aren’t as confident the industry has the appetite to take on complex cases... (more story)

Insurance Litigation Week In Review

Insurance brokers are not exempt from New Jersey's Consumer Fraud Act, a Chubb unit properly limited coverage for "business property" destroyed in a fire and Golden Corral can't reverse its 5-year-old COVID-19... (more story)

4th Circ. Rejects Golden Corral's COVID-19 Coverage Do-Over

The Fourth Circuit on Wednesday declined to walk back a North Carolina federal judge's five-year-old decision denying Golden Corral insurance coverage for pandemic-era business interruption losses, finding a b... (more story)

7th Circ. Backs $25K Cap On 'Business Property' Lost In Fire

A Chubb unit properly limited coverage to $25,000 for the contents of an Illinois mansion that was destroyed in a lightning-sparked fire, the Seventh Circuit ruled, saying the use of the contents for commercia... (more story)

Akerman Adds Holland & Knight Risk Atty In Miami

Akerman LLP has grown its transactional risk practice in Miami with the addition of an attorney from Holland & Knight LLP, the firm said Thursday.

Insurance Litigation Week In Review

An uninsured motorist coverage exclusion in a specialty auto policy is enforceable under Alabama law. An alleged salmonella outbreak is a single occurrence. Under Armour needn't pay prejudgment interest. Law36... (more story)

How Rated Note Feeders Help Insurers Tap Private Credit

With insurer investments comprising nearly a third of the private credit market, rated note feeders offer insurers a compelling way to access private credit yields through debt instruments by balancing key fea... (more story)

The Moments That Shaped The Monsanto Decision

U.S. Supreme Court justices forged unusual alliances when they ruled a federal statute preempts claims Monsanto failed to warn consumers its Roundup weed killer may cause cancer. Oral arguments provided insigh... (more story)

After Tense Terms, Hints Of High Court Harmony With Circuits

Following several U.S. Supreme Court terms teeming with reversals and rebukes of lower appeals courts, the justices this term found fault less often with rulings by circuit judges, who are likely becoming bett... (more story)

General Liability More

Geico Gets Final OK On $2.6M Injury Coverage Deal In Wash.

A Washington federal judge signed off on a $2.6 million settlement between Geico and a class of hundreds of drivers resolving a dispute over whether the insurer improperly withheld drivers' personal injury pro... (more story)

Auto Policy Doesn't Cover Tour Bus Assault Cases, Court Told

An auto insurer told a Texas federal court on Tuesday that it has no duty to defend or indemnify a Mexican band or its members against three lawsuits brought by former crew members who say they were sexually a... (more story)

Insurer Ducks Models' Advertising Claims Against Strip Club

A Connecticut federal judge has handed Clear Blue Specialty Insurance Co. a win in six professional models' attempts to access a strip club's $1 million policy pursuant to a settlement in an underlying false a... (more story)

NC Co.'s $9.8M Indemnity Payment Not Covered, Insurers Say

A building products manufacturer is not entitled to coverage after reimbursing its financial adviser $9.8 million for defense and settlement costs incurred in litigation over a take-private transaction, the co... (more story)

Texas Co.'s Defense Of UAE Unit Not Covered, Insurer Says

An excess insurer said it owes no coverage to an environmental company for costs incurred in defending its United Arab Emirates-based subsidiary against arbitration in Singapore, telling a Delaware state court... (more story)

Smucker's 6th Circ. Win Could Be A Double-Edged Sword

The Sixth Circuit found that an alleged salmonella outbreak that possibly contaminated J.M. Smucker Co. peanut butter constituted a single occurrence, freeing the company from paying a big retainer but potenti... (more story)

Mo. Court Finds Shooting Suit Coverage Limited To $50K

An apartment complex insurer owes at most $50,000 in coverage for a lawsuit over a shooting in the complex's parking lot that resulted in a bystander's death, a Missouri federal court ruled, rejecting argument... (more story)

NC Biz Court Told Insurers Owe Coverage To E-Commerce Co.

Insurers under Nationwide and Lloyd's of London are facing a suit in the North Carolina Business Court from a digital marketing company alleging the insurers owe it for costs it incurred defending itself from ... (more story)

Tesla Auto Insurer Gets Ariz. Underpayment Class Action Axed

An Arizona federal court tossed a proposed class action accusing Tesla's auto insurance subsidiary of underpaying claims for uninsured and underinsured motorist coverage, finding that the court's lack of subje... (more story)

Generative AI Is Reshaping The Defense Of Complex Litigation

Generative artificial intelligence is lowering the barriers to filing new cases, meaning that the defense bar must respond to an increased wave of litigation — but generative AI is also helping defense teams w... (more story)

Specialty Lines More

Mechanical Co. Says Insurer Shorted Embezzlement Coverage

A mechanical contractor said it's entitled to recover its full $500,000 policy limit for the loss of more than $844,000 in an embezzlement scheme by two former employees, telling a Florida federal court Friday... (more story)

NJ Justices Rule Fraud Law Applies To Insurance Brokers 

Insurance brokers, producers and agents are not exempt from the Consumer Fraud Act under an exception for semiprofessionals, the New Jersey Supreme Court held Wednesday, reviving a neurosurgeon's allegation hi... (more story)

Baldoni Can't Ax Lively Coverage Fight In NY, Judge Says

Justin Baldoni, his production company and other officers cannot escape an insurer's suit seeking to avoid coverage for the now-settled sexual harassment and retaliation lawsuit brought against them by "It End... (more story)

Insurer, Cannabis Biz Denied Early Win In Job Coverage Row

It's too early to rule whether an insurer breached its policy by declining to defend a cannabis farm from a former employee's claims that he was wrongfully terminated, a New Mexico federal judge held, denying ... (more story)

Reviving Prize Law Would Reshape Maritime Seizure Risks

Recent U.S. maritime interdictions of sanctioned tankers and shadow fleet vessels raise urgent questions about whether civil forfeiture or prize law — a framework that has not been meaningfully tested since th... (more story)

Staffing Co. Fights Coverage Denial For Labor Violation Row

A staffing company accused of failing to provide laborers with required employment notices and assignment-related disclosures in violation of Illinois law said it is entitled to a defense under its commercial ... (more story)

Philly Apartment Co. Sues Chubb For Concrete Spill Coverage

A Chubb unit allegedly wrongfully denied coverage to a Philadelphia apartment building owner hit with claims it violated Pennsylvania real estate law by failing to inform residents about repair plans following... (more story)

Broker Wants Out Of Oil Co.'s Bond Insurance Conspiracy Suit

An insurance broker urged a Texas federal court to dismiss it from litigation alleging a group of insurers conspired to set unreasonable terms for surety bonds, arguing an oil company behind the suit failed to... (more story)

Insurer Says Freight Cos. Blew Coverage Of $59M Judgment

An insurer defending two freight companies as they appeal a $59 million personal injury judgment against them urged a New Jersey federal court to find they aren't owed any coverage because, the insurer alleged... (more story)

Calif. Judge Won't Reopen Asbestos Suit Against Reinsurers

A California federal judge has declined to reopen an asbestos suit by an insurance exchange for the trucking industry against a group of reinsurers as the parties battle whether to remove a supposedly "side-sw... (more story)