Just shy of a “full house,” is how you might describe our May insurance update.
We have a pair of cases from the Colorado Supreme Court that discuss the failure to cooperate defense, UIM exhaustion, and the status of a...more
5/20/2026
/ Appellate Courts ,
Auto Insurance ,
CO Supreme Court ,
Denial of Insurance Coverage ,
Duty to Cooperate ,
Environmental Insurance Policies ,
Insurance Agents ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Insurance Regulations ,
New Legislation ,
New Regulations ,
Policy Exclusions ,
Pollution Exclusion ,
Professional Liability ,
Professional Liability Insurance ,
Professional Services Companies ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
Supplemental Insurance ,
Trade Secrets ,
Uninsured and Under-Insured Motorists
Our April update highlights some of the insurance questions courts were asked to decide this past month.
We all know about the broad duty to defend that applies to many primary liability policies. But does that same rule...more
4/23/2026
/ Abuse of Process ,
Appellate Courts ,
Bodily Injury ,
Class Action ,
Commercial General Liability Policies ,
Duty to Defend ,
E&O Insurance ,
Errors and Omissions Policy ,
Insurance Claims ,
Insurance Contracts ,
Insurance Litigation ,
Liability Insurance ,
Malicious Prosecution ,
Occurrence ,
Personal and Advertising Injury Coverage ,
Policy Exclusions ,
Professional Liability Insurance ,
Prompt Payment ,
Property Damage ,
Texas ,
Title Insurance ,
Toxic Chemicals
With the bellwether social media addiction trials wrapping up in Los Angeles, we thought a good place to start this month’s update is with a coverage decision out of Delaware (where Meta is based) on whether Meta’s insurers...more
3/20/2026
/ Deductibles ,
Delaware ,
Duty to Defend ,
Final Rules ,
Homeowner's Insurance ,
Homeowners ,
Insurance Industry ,
Insurance Litigation ,
Insurance Regulations ,
NAIC ,
New Guidance ,
New Regulations ,
Notice Requirements ,
Policy Exclusions ,
Policy Updates ,
Pollution Exclusion ,
Professional Liability Insurance ,
Property Insurance ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Requirements ,
Social Media ,
Telecommunications ,
Texas ,
Tornadoes ,
Weather Policy
It was a busy month for courts on insurance issues.
We begin in Illinois. If an insured has a permit that authorizes a certain level of emissions, are those emissions pollutants for purposes of a pollution exclusion? The...more
2/19/2026
/ Appellate Courts ,
Arbitration ,
Board Members ,
Commercial Insurance Policies ,
Contract Interpretation ,
D&O Insurance ,
IL Supreme Court ,
Insurance Contracts ,
Insurance Litigation ,
Insureds ,
Liability Insurance ,
Policy Exclusions ,
Policy Terms ,
Pollution Exclusion ,
Professional Liability Insurance ,
Professional Service Exclusion ,
Securities Litigation ,
Shareholder Litigation
Claims-made policies have automatic extended reporting periods that last for a stated amount of time. But those extensions end if the insured purchases a new policy. What if the new policy does not cover the claim? Is the...more
1/27/2026
/ Appellate Courts ,
Bad Faith ,
Breach of Contract ,
But For Causation ,
Claims Made Policy ,
Consumer Protection Laws ,
Contamination ,
D&O Insurance ,
Fraud ,
Insurance Claims ,
Insurance Contracts ,
Insurance Litigation ,
PFAS ,
Policy Exclusions ,
Policy Terms ,
Professional Liability Insurance ,
Property Damage ,
Reporting Requirements
We begin this month’s update with a pair of cases from the Eleventh Circuit, which unfortunately, both involve claims arising from senseless shootings. The court first takes up the issue of number of occurrences in the...more
12/22/2025
/ Arbitration ,
Arbitration Agreements ,
Bad Faith ,
Claims Made Policy ,
Commercial General Liability Policies ,
Contamination ,
Dispute Resolution ,
Employer Liability Issues ,
Insurance Litigation ,
Liability Insurance ,
Mass Shootings ,
Number of Occurences ,
Occurrence ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Property Insurance
Courts considered some interesting insurance issues this past month.
The Indiana Supreme Court lent a sympathetic ear to insurers facing multiple claims against a single policy by adopting a “safe harbor” provision for...more
11/21/2025
/ Appellate Courts ,
Captive Insurance Company ,
Claims Made Policy ,
IN Supreme Court ,
Insurance Claims ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Interpleaders ,
Liability Insurance ,
Notice Prejudice Rule ,
Occurrence ,
Policy Exclusions ,
Policy Terms ,
Reporting Requirements ,
Safe Harbors ,
Settlement ,
Settlement Agreements
In June, we wrote about the Commercial Division Advisory Council’s proposed amendment to 22 NYCRR § 202.70 to clarify what types of insurance cases may be heard. That amendment was approved October 8. The New York Commercial...more
10/24/2025
/ Amended Rules ,
Commercial Insurance Policies ,
Commercial Litigation ,
D&O Insurance ,
Environmental Litigation ,
Insurance Industry ,
Insurance Litigation ,
Insurance Regulations ,
Jurisdiction ,
Jurisdictional Thresholds ,
New York ,
Regulatory Requirements
We are pleased to bring you our monthly insurance update.
And insurance brokers will be pleased with the Connecticut Supreme Court’s decision on the scope of an insurance agent’s duties. The court held that an agent has...more
10/23/2025
/ Appellate Courts ,
Bad Faith ,
Bodily Injury ,
Brownfield Properties ,
CERCLA ,
Clean Water Act ,
Commercial General Liability Policies ,
Environmental Litigation ,
Insurance Agents ,
Insurance Brokers ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Number of Occurences ,
Property Insurance ,
Site Remediation ,
Storm Water
Jealous husbands, protection payments, defective earplugs, opioids, and abuse of process form the backdrop to our September Insurance Update.
We begin with two cases from Delaware’s high court.
The first reaffirms...more
9/22/2025
/ Appellate Courts ,
Commercial General Liability Policies ,
CVS ,
Deductibles ,
Denial of Insurance Coverage ,
Duty to Indemnify ,
Insurance Claims ,
Insurance Contracts ,
Insurance Litigation ,
Liability Insurance ,
Malicious Prosecution ,
Occurrence ,
Opioid ,
Personal and Advertising Injury Coverage ,
Policy Terms ,
Prescription Drugs ,
Rite Aid ,
Self-Insurance ,
Self-Insured Retention Provisions ,
Settlement
“Arising out of” is a phrase commonly found in an insurance policy. It’s a broad phrase, and courts construe it that way. When this phrase appears in an exclusion, courts often apply a “but for” causation test. And that may...more
8/21/2025
/ Appellate Courts ,
But For Causation ,
Causation ,
Co-Insured Issues ,
Commercial General Liability Policies ,
Denial of Insurance Coverage ,
Duty to Defend ,
Errors and Omissions Policy ,
Firearms ,
Georgia ,
Insurance Contracts ,
Insurance Litigation ,
Interpleaders ,
Louisiana ,
Negligence ,
Occurrence ,
Policy Exclusions ,
Texas
We cover a broad range of topics in this month’s insurance update.
The Supreme Court of Vermont considers how to measure a boat’s capacity under a watercraft exclusion.
The Sixth Circuit decides whether an equipment...more
7/23/2025
/ Appellate Courts ,
Cyber Insurance ,
Insurance Agents ,
Insurance Claims ,
Insurance Litigation ,
NC Supreme Court ,
Negligence ,
Policy Exclusions ,
Professional Liability ,
Professional Liability Insurance ,
Wrongful Death
The Administrative Board of the Courts is seeking public comment on a proposal by the Commercial Division Advisory Council to amend the Commercial Division rules (22 NYCRR § 202.70) to clarify what types of insurance cases...more
6/27/2025
/ Business Interruption ,
Comment Period ,
Commercial Insurance Policies ,
Commercial Litigation ,
Environmental Claims ,
Errors and Omissions Policy ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Jurisdiction ,
New York ,
Proposed Amendments ,
Proposed Rules ,
Public Comment ,
Rulemaking Process
We’ve selected five recent insurance decisions for this month’s update.
Foreign insurers will be pleased with the Second Circuit’s revamped view of the New York Convention. In finding that the international treaty is...more
6/24/2025
/ Appeals ,
Arbitration ,
Commercial Insurance Policies ,
Foreign Arbitral Awards ,
Insurance Claims ,
Insurance Contracts ,
Insurance Litigation ,
Insurance Regulations ,
Occurrence ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Securities and Exchange Commission (SEC) ,
Securities Litigation
We touch upon several issues in this month’s update.
Negligent breach of contract: Courts recognize that a CGL policy does not cover breach of contract claims. But where the insured is accused of negligently performing its...more
As temperatures in the Northeast have made it feel more like winter than spring, it’s only fitting that we begin our April Insurance Update with a case from Alaska. There, the Alaska Supreme Court decides for the first time...more
4/18/2025
/ AK Supreme Court ,
Appeals ,
Appellate Courts ,
Carbon Monoxide Exposure ,
Dismissals ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Manufacturers ,
Opioid ,
Pharmaceutical Industry ,
Policy Exclusions ,
Pollution Exclusion ,
Property Insurance ,
Summary Judgment
In this month’s update, we discuss cases involving related wrongful acts, wildfires, concealment of a weapon, concealment of climate risks, and road rage.
We begin in Delaware, where the state’s high court determines...more
3/21/2025
/ Appellate Courts ,
California ,
Climate Change ,
Delaware ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Wildfires ,
Wrongful Acts
The 2014 Home Depot data breach was one of the more notorious cyberattacks. A decade later, litigation over that incident continues. The Sixth Circuit recently decided whether an electronic data exclusion cleared insurers...more
2/21/2025
/ Commercial Insurance Policies ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Denial of Insurance Coverage ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability ,
Litigation Strategies ,
Policy Exclusions ,
Risk Management
We kick off the year with a quartet of state supreme court decisions and an intermediate appellate court ruling that has insurers breathing a harmonious sigh of relief. Policyholders and insurers often disagree over what the...more
1/23/2025
/ Abatement ,
Appellate Courts ,
Business Closures ,
Business Losses ,
Car Accident ,
Coronavirus/COVID-19 ,
CT Supreme Court ,
Damages ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
OH Supreme Court ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Unfair or Deceptive Trade Practices ,
Workers’ Compensation
There’s been plenty of litigation over whether construction defect claims qualify for coverage under a CGL policy. This month, we discuss two federal circuit court rulings (First and Seventh Circuits) that reach opposite...more
12/19/2024
/ Auto Insurance ,
Breach of Duty ,
Commercial General Liability Policies ,
Construction Defects ,
Construction Industry ,
D&O Insurance ,
Defamation ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Johnny Depp ,
Liability Insurance ,
Policy Exclusions ,
Policy Terms
In this month’s update, we’re discussing cases involving climate change, hurricanes, cryptocurrency, and aerial spraying.
We begin in Hawaii where that state’s high court became the first to decide whether greenhouse gas...more
11/21/2024
/ Agricultural Sector ,
Arbitration ,
Arbitration Agreements ,
Cryptocurrency ,
Duty to Defend ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
HI Supreme Court ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss Coverage ,
Natural Disasters ,
Pollution Control ,
Property Damage
There is a famous scene in The Pink Panther Strikes Again where inspector Clouseau asks a hotel clerk if his dog bites, to which the clerk responds “no.” When Clouseau goes to pet the dog, it viciously bites him on the hand....more
10/23/2024
/ Bodily Injury ,
Claims Adjusters ,
Distributors ,
Insurance Claims ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Manufacturers ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Sellers ,
Subpoenas
In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of...more
9/19/2024
/ Aircraft ,
Business Losses ,
CA Supreme Court ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Construction Defects ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
False Statements ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss Coverage ,
Misrepresentation ,
Policy Terms ,
Property Damage
We touch upon various issues in our August insurance update.
The Supreme Judicial Court of Massachusetts considers the meaning of “surface waters” and whether the sublimit for floods applies when pooled water on a roof...more
It’s not often that the U.S. Supreme Court weighs in on insurance issues. That’s because the McCarran-Ferguson Act gives states the primary authority to regulate the business of insurance. So when the Supreme Court speaks on...more
7/25/2024
/ Anti-Assignment Clauses ,
Asbestos Litigation ,
Bankruptcy Court ,
Horizontal Exhaustion Doctrine ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability ,
McCarran-Ferguson Act ,
Policy Exclusions ,
Pollution Exclusion ,
SCOTUS ,
Truck Insurance Exchange v Kaiser Gypsum Co Inc