Expert Analysis

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 ... (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... (more story)

Ore. High Court Ruling Widens Construction Defect Coverage

A recent Oregon Supreme Court decision, Twigg v. Admiral Insurance, dispels the myth that a contractor's liability... (more story)

Property More

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)

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)

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)

Mandarin Can Get Reserves, Reinsurance Info In COVID Row

"All risks" property insurers for Mandarin Oriental Inc. must turn over documents related to their reinsurance and reserves to the luxury hotel chain, which claims it incurred over $223 million in business int... (more story)

Uber Says Fla. Firm, Drivers Staged Wrecks For Profit

Uber told a Florida federal court Wednesday that at least five of its drivers faked accidents and colluded with healthcare providers and a Florida law firm to file sham litigation against the ride-hailing plat... (more story)

Panel Dooms U. Of Washington's COVID-19 Coverage Battle

The University of Washington cannot get coverage from a Liberty Mutual unit for COVID-19-related losses under its all-risk property policy requiring "direct physical loss or damage" to insured property for cov... (more story)

Samsung, Home Depot Liable For Home Fire, Insurer Says

Samsung and Home Depot owe an insurer more than $330,000 for payments made to a policyholder for fire damage, the insurer said in a suit removed to Pennsylvania federal court, alleging that an electric range m... (more story)

Insurer Exposed Drivers' Personal Information, Court Told

An auto-population feature of tech-forward insurer Lemonade's online quote platform negligently disclosed about 190,000 drivers' license numbers to cybercriminals over 17 months, and the website still hasn't b... (more story)

Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance... (more story)

General Liability More

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)

Insurer Says Day Care's $1M Child Injury Verdict Not Covered

A day care's insurer told an Alabama federal court it has no duty to cover a $1 million judgment against the center after a jury found it liable for leaving a woman's child in a van during a field trip, citing... (more story)

Insurer Says Law Firm Mishandled Pesticide Exposure Suit

An insurer is claiming it is owed at least $625,000 from a law firm hired to defend a poultry farm against a suit over toxic pesticide exposure, alleging in federal court that it was forced to settle the suit ... (more story)

IT Co. Urges 1st Circ. To Affirm It's Blameless For Data Breach

An information security technology company urged the First Circuit on Tuesday to affirm that it isn't liable for a 2018 data breach that exposed confidential information of more than 277,000 of the medical dev... (more story)

Insurer Seeks Exit From Missouri Tree-Cutting Dispute

An insurer that separately insured a farm and a man accused by the farm of trespassing on its property and cutting down "valuable trees" told a Missouri federal court it should owe no coverage to the man, poin... (more story)

8th Circ. Affirms Travelers Doesn't Owe $1.4M For Wall Failure

A Missouri property developer can't recover from Travelers $1.4 million for lost rental income and soft costs after a retaining wall failure caused delays at an apartment construction project, the Eighth Circuit ruled Monday.

City Says Insurer Owes $9M For Wrongful Incarceration Deal

An insurer for a North Carolina city improperly denied coverage for an underlying suit brought by a Black man who was wrongfully imprisoned for 44 years and is now on the hook for a $9.3 million settlement pay... (more story)

Contractor Says Insurer Owes $2M For Caltrans Bridge Losses

A Zurich Insurance Group unit cannot use exclusions to avoid covering more than $2 million in losses a contractor incurred after losing steel casings while constructing a bridge foundation near a Northern Cali... (more story)

Other Carrier Must Cover $1.1M Injury Award, Insurer Says

A chiropractor's insurer must pay a $1.1 million award entered against him and the clinic where he works in a suit over injuries that a woman sustained during treatment, the clinic's insurer told a New York fe... (more story)

Specialty Lines More

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)

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)

Cyber Incidents Are D&O Problems, Too, Expert Says

Cybersecurity incidents are increasingly implicating directors and officers insurance because of their effects on a range of compliance issues, a dynamic that may surprise policyholders more accustomed to thin... (more story)

Assembly Line Co.'s Dispute Predated Policy, 6th Circ. Affirms

The Sixth Circuit affirmed a lower court's decision denying an assembly line technology designer's bid for insurance coverage of an underlying multimillion-dollar dispute with a customer, finding coverage was ... (more story)

Wells Fargo Can't Collect On $4M Stranger-Funded Life Policy

Wells Fargo Bank NA cannot collect on a $4 million life insurance policy, a Nebraska federal court ruled, finding the policy void from the start since it was taken out on the life of a now-deceased man with th... (more story)

Hinshaw Welcomes Insurance Litigator To New Orleans Team

Hinshaw & Culbertson has added a partner from Baker Donelson Bearman Caldwell & Berkowitz to its global insurance services practice in New Orleans, where she will represent insurance companies and other entiti... (more story)

4th Circ. Denies Bid To Inflate $300K Insurance Payout

Selective Insurance Company of South Carolina doesn't have to increase its payout to a couple involved in a car wreck, the Fourth Circuit has ruled, finding that North Carolina law doesn't provide that the cou... (more story)

Novel Climate Change Death Suit Raises Insurance Questions

A novel suit accusing oil and gas companies of contributing to a woman's 2022 heat wave death could lead to future insurance disputes, but experts said common exclusions and other policy terms could leave the ... (more story)

Q&A: Startup Aims To Price Emergent AI Risks

While the use of artificial intelligence platforms such as OpenAI's ChatGPT and Google's Gemini has certainly proliferated among the public, how the insurance industry will address AI-related risks across exis... (more story)

Software Co. Says Insurers' About-Face Led To $21M Claim

A software company is blaming its insurers in Washington federal court for hampering its settlement talks with a client by reneging on its coverage agreements, causing the company to now potentially face a cus... (more story)