Expert Analysis

• Rising Tech Cargo Theft Exposes Coverage Gaps

  

  Rising cargo theft losses tied to high-value technology shipments expose major gaps in cargo and inland marine coverage, requiring property owners and manufacturers to reassess insurance policy limits, exclusions and contractual risk transfer, say attorneys at Hunton.

• 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

  

  The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

• Texas Ruling Makes Avoiding Appraisal Nearly Impossible

  

  By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

• Reel Justice: 'Project Hail Mary' Can Aid Cross-Examination

  

  In the new science fiction film, "Project Hail Mary," a character understood that survival depended on eliminating ambiguity — a useful lesson that trial lawyers can implement by asking statements that are delivered in the form of a question during cross-examination, says Veronica Finkelstein at Wilmington University.

• What Jury Holdouts Can Teach Trial Lawyers About Strategy

  

  Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of jury selection, says Clint Townson at Townson Litigation.

• Data Center Insurance Boom May Obscure Claims' Difficulty

  

  The rush of carrier capital into the data center space should not obscure a distinct and evolving set of policyholder risks that existing insurance products were not designed to address, along with the further complexity of layered claims for the extremely valuable properties, says Carlton Wilde at Bracewell.

• Legal Risks Rise As Construction-Site Drone Use Soars

  

  Construction companies using drones face mounting legal risks as Federal Aviation Administration compliance requirements tighten, remote identification capabilities expand and proposed rules move toward organizational accountability, making it crucial to update contracts, schedules, safety protocols and data-governance practices now to avoid future liability, say attorneys at Cozen.

• Notable Q1 Updates In Insurance Class Actions

  

  Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

• AI Data Center Boom May Spur Wave Of Toxic Tort Suits

  

  Nascent litigation matters against data center operators, set against limited government regulation and a growing body of public health research, suggests we may be on the cusp of an era of mass toxic tort claims, with a liability framework firmly rooted in precedent from other industries, says Benjamin Heller at RFZ Law.

• State Of Insurance: Q1 Notes From Illinois

  

  Matthew Fortin at BatesCarey discusses notable insurance developments in Illinois, including the state Supreme Court's highly anticipated Griffith Foods v. National Union Fire Insurance ruling, two bulletins from the Department of Insurance directed at public adjusters and a Seventh Circuit decision precluding a "super excess" tier of coverage.

• 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.