Expert Analysis

7th Circ. Insurance Ruling Resolves Major Jurisdictional Issue

The Seventh Circuit recently confirmed in StarStone Insurance v. Chicago that attorney fees and costs paid as part... (more story)

State Farm Rate Hike Portends Intensifying Insurance Crisis

The California Department of Insurance's unprecedented emergency approval of a 17% rate increase for State Farm Ge... (more story)

5 Insurance Claims That Could Emerge After NCAA Settlement

Following the recent NCAA class action settlement that will allow revenue sharing with college athletes, there may... (more story)

Property More

2nd Circ. Backs Chubb's Win In $49M Sandy Coverage Fight

The Second Circuit on Friday cemented a Chubb unit's win in a decade-long dispute over a chocolatier's bid for an additional $49 million in coverage for Superstorm Sandy losses, affirming a decision denying th... (more story)

State Farm Likely To Face 200K Calif. Homeowner Class

A California federal judge indicated Wednesday that he'll likely certify a class of nearly 200,000 homeowners in litigation alleging that State Farm underpays property insurance claims by depreciating sales ta... (more story)

Colo. Judge Trims REIT's Antitrust MDL Coverage Dispute

A Colorado federal court trimmed a real estate investment trust's suit seeking coverage for antitrust multidistrict litigation, saying the trust's statutory bad faith claim under Colorado law could not proceed... (more story)

Wash. Panel Sides With Insurer In Café Fire Damage Suit

A couple's commercial property insurer has no duty to cover damage from a kitchen fire at their café, a Washington state appeals court affirmed, finding the couple lacked certain protective safeguards that wer... (more story)

Insurance Litigation Week In Review

The Fourth Circuit affirmed that a homeowner isn't entitled to a premium refund under federal mortgage law, a North Carolina federal court refused to resurrect a hospitality group's pandemic-related coverage s... (more story)

Data Center Risks Call For Close Eye During Policy Renewal

Data centers in the United States continue to grow, but the operators have an often unique portfolio of risks that may not fit squarely within the coverage provided by existing insurance products. Here, Law360... (more story)

Loss Of Ga. Immunity Doctrine A Blow To Malpractice Defense

Lawyers in the Peach State are expected to have a tougher time defending against legal malpractice claims now that the Georgia Supreme Court has thrown out an attorney judgment immunity doctrine that was more ... (more story)

Dentons Global Hospitality Leader Sees Underwriting Caution

As President Donald Trump's trade war continues, lenders are increasingly exercising caution in underwriting deals for hotels, particularly in areas that depend on a steady influx of international travel, Dent... (more story)

Insurer Can't Force Another To Cover Worker Injury Suit

An insurer cannot force another to defend a property owner in an underlying worker injury lawsuit through the doctrine of equitable estoppel after both insurers ultimately agreed the policy in question isn't t... (more story)

SC Pizzeria Says Insurer Owes For Building Fire

An insurer for a South Carolina pizzeria wrongfully refused to pay its full $926,000 policy limit after a fire destroyed the building where the restaurant was located, the business said in a suit removed to federal court.

General Liability More

Calif. Property Co. Denied Early Win In Defect Coverage Suit

A California federal court refused to hand a partial win to the owner of a Brentwood retirement community seeking excess coverage for an underlying settlement stemming from homeowners' construction defect clai... (more story)

9th Circ. Says NY Claims Against Hyundai Raise 'Novel' Issue

A split panel of the Ninth Circuit Friday refused to toss negligence claims from cities in Ohio and Wisconsin in consolidated litigation alleging Hyundai and Kia, of which Hyundai is a major shareholder, sold ... (more story)

Chubb Must Cover Income Losses After Explosion, Co. Says

A refrigeration and air conditioning compressor manufacturer is entitled to tap into its Chubb policy's $34 million in business interruption coverage after it was forced to restrict production at one of its fa... (more story)

Indemnity Lessons From Mass. Construction Defect Ruling

The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' s... (more story)

Co. Must Pay Travelers $4.5M For Construction Bond Default

A signage company accused of failing to perform agreed upon work at a New York redevelopment project must reimburse Travelers over $4.5 million for settling a contractor's claims made against a performance bon... (more story)

Ohio Law Bars Cities' Negligence Claims Against Hyundai, Kia

A California federal court sided with Hyundai and Kia by finding that an Ohio products liability law bars negligence claims from five Ohio cities in sprawling multidistrict litigation alleging the automakers k... (more story)

Insurer Says $30M Counterclaims Against Builder Not Covered

An insurer says it owes no coverage for nearly $30 million in counterclaims against a construction company that allegedly violated its contract for a Texas project, telling a Tennessee federal court that the c... (more story)

Statistics Tools Chart A Path For AI Use In Expert Testimony

To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ r... (more story)

TATA AIG Leads Insurance Cover For Air India Crash

TATA AIG General Insurance Co. Ltd. is the lead insurer for hull and liability on the Air India flight that crashed just after take off in Ahmedabad, India on Thursday, according to two sources with direct kno... (more story)

Chubb Unit Underpaid Hydroelectric Plant Losses, Suit Says

A Chubb unit underpaid a renewable energy plant operator for losses sustained after several water flow barriers malfunctioned, the assignee of the operator told a New York federal court, saying the insurer pai... (more story)

Specialty Lines More

Aflac Hacked In 'Campaign' Against Insurance Industry

Aflac is the latest target of an ongoing "cybercrime campaign against the insurance industry," the company said Friday, reporting that a breach has potentially exposed claims and health data, Social Security n... (more story)

Pollution Insurer Says Cos. Not Covered In Groundwater Row

A pollution liability insurer for an oilfield services company told a Texas federal court it owes no coverage for two lawsuits accusing the company and a former subsidiary of groundwater contamination, arguing... (more story)

AIG Unit, Air Co. Seek Quick Wins In Herbicide Damage Row

An air services company told a New York federal court that an AIG unit must provide general liability coverage for a lawsuit seeking nearly $2.5 million for grass damage from herbicides, while the unit counter... (more story)

Texas Panel Says NY Law Applies In Tornado Coverage Row

An Illinois-based company must litigate its insurance coverage battle over merchandise damage from a Dallas tornado under New York law, a Texas appeals court affirmed, finding the company's "legal injury" took... (more story)

4th Circ. Says No Premium Refunds Under Fed. Mortgage Law

A Virginia homeowner cannot recover premiums he'd prepaid for private mortgage insurance under a federal law mandating such insurance for certain borrowers, the Fourth Circuit ruled Monday, finding the Homeown... (more story)

3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics

With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a... (more story)

Tax Credit Sales Would Be Difficult To Insure Under House Bill

House Republicans' sweeping budget bill proposes to promptly scale back the clean energy tax incentives established by the 2022 climate law, a move that would make it difficult for tax insurers to back project... (more story)

Insurance Litigation Week In Review

Mandarin Oriental notched a discovery win in its COVID-19 coverage action while appeals courts dealt further defeats in other pandemic-related insurance cases, Uber filed a racketeering lawsuit over sham injur... (more story)

Cos. Considering DExit Should Assess D&O Insurance Effects

As companies consider incorporating in less-regulated states than Delaware, they shouldn't neglect to balance the long-term insurance implications against the short-term benefits of lower taxes and a more perm... (more story)

Calif. Casinos Seek Coverage For Tribes' Gambling Suits

California casino operators said they are entitled to defense coverage for suits brought by several tribes over their gambling operations, telling a federal court that their insurer has denied coverage based o... (more story)