Expert Analysis

Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'

A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insuranc... (more story)

Sublimit And Policy Interpretation Lessons From Amtrak Case

The recently settled dispute between Amtrak and its insurers over sublimit coverage illustrates that parties with ... (more story)

Climate Among Many Factors Driving Up RE Insurance Costs

A proactive approach to risk management may determine the viability of the U.S. commercial real estate sector as w... (more story)

Property More

Live Nation Loses COVID-19 Physical Loss Insurance Claims

A California federal judge has tossed Live Nation's claims in a lawsuit seeking coverage from Factory Mutual for physical loss or damage stemming from the coronavirus pandemic, holding that a recent ruling by ... (more story)

Too Early To Decide Indemnification In Flood Row, BNSF Says

Railway giant BNSF told a California federal court that it's too early for the court to decide whether two Travelers units have a duty to indemnify BNSF in a lawsuit alleging that a track relocation project BN... (more story)

United Fire & Casualty Co. sued Keller Advertising and Media Services Inc. in December 2022 for negligence and breach of contract, claiming the company’s service work for Friedhelm’s Bavarian Inn led to a fire.
Insurer Settles $1.7M Fluorescent Sign Fire Damage Suit

United Fire & Casualty Co. reached a settlement in its $1.7 million suit against a Texas sign-making company, resolving its bid to recover funds paid to a bed and breakfast after a fluorescent sign caught fire... (more story)

Insurance Litigation Week In Review

A Hawaii petroleum company isn’t covered for underlying claims that it contributed to global warming, The Rockefeller University can continue to pursue bad faith and deceptive practice claims against its carri... (more story)

La. Property Owner Must Arbitrate Hurricane Damage Suit

A Louisiana federal judge has ordered the owner of 24 commercial properties damaged by two hurricanes to arbitrate its dispute with a group of overseas and domestic insurers, rejecting the policyholder's argum... (more story)

9th Circ. Grills Geico, Assignees Over Failed Settlement

A Ninth Circuit panel appeared conflicted over both Geico and a policyholder's assignees' arguments regarding whether the carrier acted in bad faith toward its insured when it prioritized a release of the insu... (more story)

How Built Environment Interacts With Climate Risk

As worsening disasters result in skyrocketing property insurance rates, CoreLogic data shows that construction decisions can cause significant variations in climate risk, even in neighboring counties.

General Liability More

Asbestos Claimants Say Kaiser Ch. 11 Plan Should Stand

Asbestos injury claimants in Kaiser Gypsum Co.'s bankruptcy case have asked the Fourth Circuit to uphold the company's Chapter 11 plan, saying the arguments against it by Kaiser's primary insurer are based on ... (more story)

Subcontractor Owes Travelers $325K For Hotel Work Deal

A Travelers unit is entitled to recover $325,000 for payments made against its surety bonds to settle a general contractor's claims that a subcontractor abandoned work on an Idaho hotel, a Washington federal c... (more story)

Why So Hard To Say 'Denied'? Mich. Justices Ask Insurers

Michigan Supreme Court justices pushed insurers Wednesday to explain why they take issue with appellate rulings requiring them to explicitly say they have "denied" insureds' claims, asking what about including... (more story)

Suppliers' $7.6M Deal To End Daily Harvest Leek Claims OK'd

A New York federal judge has given the go-ahead to a $7.6 million settlement with suppliers for meal kit delivery service Daily Harvest Inc. to end claims from buyers that a lentil and leek meal caused gastroi... (more story)

Rock Climbing School Not Covered In Fall Suit, Insurer Says

An insurer said it doesn't owe coverage to a rock climbing school in an underlying suit brought by the family of a teenager who was injured after he fell 35 feet while climbing, telling a North Carolina federa... (more story)

Insurer Wins Ex-PwC Exec's Long-Term Disability Suit

An Illinois federal judge handed Hartford Life and Accident Insurance Co. a win in a federal benefits lawsuit from a former PricewaterhouseCoopers LLP executive who alleged she was wrongly denied long-term dis... (more story)

Specialty Lines More

Freddie Mac, Axis Ink Deal Over $32M SEC Probe Coverage

Government-backed mortgage buyer Freddie Mac told a D.C. federal court it reached a settlement with an excess insurer over its $32 million defense bill from a U.S. Securities and Exchange Commission investigat... (more story)

Senior Center Denied Total Win In Insurer's Coverage Suit

An insurer for an operator of a skilled nursing facility must still cover the portion of a $225,000 wrongful death damages award exceeding a $100,000 self-insured retention even if the operator can't pay that ... (more story)

OpenText argues that Wesco’s coverage suit contains few allegations concerning it and that none of those allegations are sufficient to state a claim against it. (Rafael Henrique/SOPA Images/LightRocket via Getty Images)
OpenText Wants Out Of Class Action Coverage Suit

OpenText told a Michigan federal court it should be dismissed from an insurer's suit seeking to avoid coverage of a class action from former Covisint shareholders alleging an unfair merger, saying it's not inv... (more story)

Hawaii Justices Hand AIG Win In Novel Climate Coverage Suit

AIG isn't obligated to cover a lawsuit accusing a Honolulu-based Sunoco subsidiary of contributing to climate change, the Hawaii Supreme Court ruled, saying a pollution exclusion in the oil giant's policy enco... (more story)

Insurer Says $3.8M Church Sex Abuse Judgment Isn't Covered

A church's insurer told a Washington federal court that it owes no coverage for a $3.75 million stipulated judgment stemming from a woman's claims that the church failed to protect her from a deacon who sexual... (more story)

Insurer May Pay Only 1 Fla. Mass Shooting Victim

An insurer isn't required to pay anything to two families whose loved ones died in a mass shooting at a Miami mall because it already exhausted all its proceeds in paying one other family $50,000, a Florida fe... (more story)

4 Benefits Appellate Arguments To Watch In October

The Fourth Circuit will consider a drugmaker's challenge to a West Virginia state law restricting access to the abortion drug mifepristone and Ohio pension funds are seeking to revive an investor class action ... (more story)