Expert Analysis

NY Ruling Eases Admission Of Medical Record Evidence

A New York appellate court’s recent ruling in Pillco v. 160 Dikeman clarifies the standard for evaluating accident... (more story)

Fla. Misses Opportunity To Rectify Wrongful Death Damages

Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions... (more story)

9 Jury Selection Lessons From The Combs Trial

U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offer... (more story)

Property More

8th Circ.'s 'Erie Guess' Affirms Apt. Co.'s $27M Insurance Win

A partially split Eighth Circuit panel affirmed an apartment complex's $27 million jury award against Travelers Insurance, holding that an expert's testimony about the presence of carcinogenetic soot is suffic... (more story)

Hurricane Maria Fraud Suit Against Adjuster Thrown Out

A Puerto Rico federal court tossed an insurer's lawsuit against a public adjuster alleging it inflated its calculation of damage that a Puerto Rico town suffered from Hurricane Maria in 2017, finding the lawsu... (more story)

Insurance Litigation Week In Review

The Fourth Circuit erased class certification in a lawsuit challenging Progressive's coverage of totaled vehicles, the First Circuit said an insurer had no defense obligations over an eviction scheme alleged a... (more story)

Hotel Group Says Insurer Owes $12.5M For Helene Losses

A hotel group said it is entitled to recover $12.5 million from a Liberty Mutual unit for business interruption losses stemming from Hurricane Helene, the company said, telling a North Carolina federal court t... (more story)

4th Circ. Revokes Class Cert. In Progressive Car Valuation Suit

The Fourth Circuit reversed a Progressive Insurance policyholder's class certification win over certain adjustments the insurer makes when calculating the actual cash value of a totaled vehicle, saying that de... (more story)

1st Circ. Says Insurer Owes No Defense In Eviction Suits

A Liberty Mutual unit has no duty to defend a commercial real estate loan provider in underlying suits over the eviction of residents from a Massachusetts senior care facility, the First Circuit ruled, finding... (more story)

Investment Cos.' IRS Deal Not Covered, Liberty Unit Says

Two property investment companies aren't entitled to $1.7 million in coverage for a settlement reached with the IRS over a rejected $20.2 million charitable contribution deduction, a Liberty Mutual unit told a... (more story)

Supplement Co. Says Insurer Failed To Pay $2.1M Claim

The parent company of sports nutrition and supplement website Bodybuilding.com told an Idaho federal court that a Berkley unit failed to fully pay for property damage and business income loss after a water pip... (more story)

AI Tools Spark Debate Over Insurance Policy Interpretation

An artificial intelligence tool drafts an insurance policy and makes a note of potential inconsistencies in language.

Mitigating Employer Liability Risk Under Sex Assault Rule

The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they stre... (more story)

General Liability More

Del. Justices Say Mattel Sleeper Suit Not Ripe For Review

The Delaware Supreme Court has declined to step in and review a pretrial order in an insurance dispute in which Mattel Inc. and Fisher-Price Inc. seek coverage of settlements in suits over infant injuries, say... (more story)

Insurer Says No Coverage For Parking Garage Death Suit

An insurer said it has no duty to defend or indemnify a parking garage designer accused of improperly designing a facility at a New Jersey university after a man jumped from an upper level and died, telling a ... (more story)

No Coverage For Voluntary Phishing Payments, Insurer Says

A Pittsburgh seating company is not entitled to coverage for more than $530,000 it lost in a computer phishing scheme, an insurer told a Pennsylvania state court, saying the payments made by the company's co-o... (more story)

Crash Victim Hits Progressive With Claims Over 'Regular Use'

Progressive Insurance systematically denied auto insurance coverage under an exclusion relating to vehicles not directly insured but still regularly used, two Pennsylvania residents told a Pennsylvania state c... (more story)

Chubb Units Say No To Test Cases In Archdiocese Ch. 11

Insurance carriers for the Archdiocese of San Francisco urged a California bankruptcy court to reject a deal between the archdiocese and sexual abuse claimants to allow five lawsuits to proceed despite a Chapt... (more story)

Co. Not Covered For $7.5M Crash Judgment, Insurer Says

A food service distributor isn't entitled to coverage of a nearly $7.5 million judgment entered against it in a suit over a collision involving one of its trucks and another driver, an insurer told a Connectic... (more story)

Puzzling Out When Similar Insurance Claims Are Related

A recent decision in Virginia federal court shows that more than identical allegations of negligent business practices across two lawsuits may be necessary to satisfy the strict definition of relatedness under... (more story)

11th Circ. Won't Rehear Lodge Shooting Coverage Dispute

The Eleventh Circuit refused Monday to review its April finding that a jury should decide whether an insurer acted in bad faith by not settling an estate's claim over a fatal shooting that occurred at a Florida lodge.

Care Facility Not Covered In Chase Crash Suit, Insurer Says

An insurer has no duty to defend or indemnify a residential care facility or its owner in an underlying suit over a car chase that resulted in a crash and injured two women, the company told an Oregon federal ... (more story)

Ruling Offers Insurers A Path To Settle Sans Insured Consent

A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strat... (more story)

Specialty Lines More

Team Says Insurer Owes $5.5M Over MLB Negotiations Deal

An Oregon baseball team called the Salem-Keizer Volcanoes told a New Hampshire federal court that an insurer for the association behind Minor League Baseball must cover its $5.5 million judgment against MiLB o... (more story)

Rhodium Founders Defend D&O Coverage Request In Ch. 11

Founders of cryptocurrency mining firm Rhodium are defending their request for leave to pursue payouts from the company's directors and officers insurance policy, saying an ad hoc group's protests fell flat si... (more story)

Clause Not Unconscionable In Jet Damage Row, 9th Circ. Says

A "limitation of liability" provision that an aircraft services company used in a "landing card" agreement for arriving aircraft wasn't unconscionable under Nevada law, the Ninth Circuit ruled, siding against ... (more story)

Court Refuses To Split IT Co.'s Settlement Coverage Claims

A Colorado federal court refused Thursday to separate and stay an information technology company's bad faith claims against a Chubb unit and malpractice claim against a law firm in a dispute over coverage for ... (more story)

Pa. Firm Lacked Standing To Sue Legal Malpractice Insurer

A Philadelphia law firm that dropped its bad faith lawsuit against its insurer was not a true legal entity and never had standing to sue for coverage of a legal malpractice case that ended in a $600,000 judgme... (more story)

Insurance Litigation Week In Review

Units of Chubb and AIG don't owe coverage to CVS in suits over the opioid epidemic, BP and Chevron needn't reimburse a surety $11 million, a reinsurer must face investors' misrepresentation claims, and an Alli... (more story)

Reinsurer Must Face Investors' Omission Suit, 3rd Circ. Says

The Third Circuit Wednesday wiped out Maiden Holdings' summary judgment win over investors accusing the reinsurance company of misrepresenting its underwriting and risk management practices, saying the distric... (more story)

Yacht Brokerage Fights Judge's Exclusion Reading

A yacht brokerage trade group urged a Florida federal court to reject a magistrate judge's recommendation freeing a professional liability insurer from covering the group in an antitrust class action, arguing ... (more story)

Manufacturing Cos. Score $23M Win In Lengthy Asbestos Suit

Two manufacturing companies involved in a long-running dispute over coverage for asbestos bodily injury claims have won $23 million from an Allianz unit for damages and interest, with a New York trial court fi... (more story)

Credit Union Seeks Coverage For ITM Hack, Fraud Schemes

An insurer owes nearly $715,000 for two separate losses a credit union incurred after a crime ring hacked a number of its interactive teller machines and a counterfeit check fraud scheme affected multiple acco... (more story)