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Expert Analysis

Court Rulings Warn Against Oversharing With Experts

Recent decisions, including in bad faith insurance cases, demonstrate that when settlement information documents a... (more story)

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)

Property More

Title Resources Group Names New NC Underwriting Counsel

Insurance underwriter Title Resources Group announced on Wednesday that it has added attorney Natasha Branch as vice president of education and underwriting counsel for North Carolina.

1st Circ. Undoes Inflated Biz Interruption Award For Drink Co.

A Puerto Rico federal court wrongly maintained an award against an insurer that exceeded a beverage manufacturer's actual business income and extra expenses losses and was not supported by evidence at trial, t... (more story)

Pollution Exclusion Applies Without Exception, AIG Unit Says

An AIG unit urged the Illinois Supreme Court to find that a permit or regulation allowing a company to discharge toxins into the environment has no bearing on the application of a pollution exclusion, saying "... (more story)

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 Caf茅 Fire Damage Suit

A couple's commercial property insurer has no duty to cover damage from a kitchen fire at their caf茅, 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)

General Liability More

Insurer Seeks Exit From $1.7M Oil Pipeline Explosion Verdict

An insurer for a company specializing in providing nitrogen services for oil pipelines told a Texas federal court it should owe no coverage for a more than $1.7 million jury verdict against the company stemmin... (more story)

4th Circ. Nixes $1M Award In Underinsured Motorist Dispute

A man injured in a car crash cannot recover underinsured motorist, or UIM, coverage under his employer's commercial auto policy, the Fourth Circuit ruled, vacating his $1 million award based on guidance from W... (more story)

Minn. Water Co. Prevails In Retained Limit Coverage Row

A water purification company that's faced a bevy of product liability lawsuits over a disinfectant product needs to pay only one $5 million retained limit before a Chubb unit's coverage obligations under umbre... (more story)

Scottsdale Insurance Ends Coverage Fight Over Mall Shooting

Scottsdale Insurance Co. informed a Florida federal judge on Tuesday it has settled its suit seeking an order that it doesn't owe coverage to the owner of a shopping plaza hit with a $1 million personal injury... (more story)

Gaming Co. Asks 11th Circ. To Uphold Malpractice Coverage

A gaming company and a law firm asked the Eleventh Circuit to reject an insurer's bid to avoid representing the firm in a malpractice case, arguing that if at least one claim in an underlying complaint was cov... (more story)

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)

Insurer Can't Force Another To Cover Worker Injury Suit

An insurer cannot force another聽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)

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)

Specialty Lines More

D&O Insurer Must Cover Investor In Merger Dispute

A directors and officers liability insurer had a duty to defend and indemnify a venture capital investor in a now-resolved lawsuit over the sale of a company immediately after a merger, a California federal co... (more story)

Lewis Brisbois Opens Insurance Practice With Atty From WTW

Lewis Brisbois Bisgaard & Smith LLP has launched a practice catering to the legal needs of insurance underwriters, product leaders and managing general underwriters and agents, hiring a former executive vice p... (more story)

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聽must provide general liability coverage for a lawsuit seeking nearly $2.5 million for grass damage from herbicides, while the unit counter... (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 be potential management liability for universities, their executive leadership and boards that... (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鈥檚 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)