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Appellate Courts Insurance Litigation

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - February 2026

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This month’s Friday Five explores decisions reviewing what evidence is necessary to prove that a condition like long COVID is “sufficiently disabling”, what standard of review applies to benefits under FEGLI, whether an...more

Freeman Mathis & Gary

2025 FMG Insurance Coverage Annual Report

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A summary of the year’s important insurance coverage and extra-contractual cases within FMG’s footprint across the country. State Farm Automobile Ins. Co., v. Orlando - In vacating the Court of Appeals’ opinion, the...more

Blake, Cassels & Graydon LLP

Supreme Court of Canada Decision Provides Guidance for Interpreting Insurance Policies

Overview - In Emond v. Trillium Mutual Insurance Co., the Supreme Court of Canada (SCC) has provided updated guidance on the interpretation of insurance policies. The SCC reaffirmed its longstanding approach that insurance...more

Jones Day

Delaware High Court Rejects Application of D&O Policy's "Bump-Up" Exclusion to Securities Claim Settlement

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In a significant victory for policyholders, the Delaware Supreme Court rejected three insurers' attempts to apply their Directors and Officers ("D&O") liability policies' so-called "bump-up" exclusion to bar coverage for...more

Bressler, Amery & Ross, P.C.

Seventh Circuit Equates UL Monthly Policy Charges to Premiums to Hold Illinois Premium Notice Statute Does Not Apply

In Dahleh v. Minnesota Life Ins. Co., No. 25-1315, 2026 U.S. App. LEXIS 1378 (7th Cir. Jan. 20, 2026), the Seventh Circuit affirmed the District Court’s award of summary judgment to Minnesota Life on plaintiff’s claim that...more

McGuireWoods LLP

Delaware Supreme Court Affirms D&O Coverage in Harman International Bump-Up Exclusion Dispute

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On January 27, 2026, the Delaware Supreme Court issued a significant pro-policyholder decision affirming that directors and officers (“D&O”) insurers must cover a $28 million settlement paid by Harman International Industries...more

Carlton Fields

Fourth Circuit Finds Under Armour’s “Single Scheme” to Misrepresent Financial Stability Constitutes Single Claim Under D&O Tower

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On January 20, 2026, the Fourth Circuit Court of Appeals held in Navigators Insurance Co. v. Under Armour Inc. that Under Armour was not entitled to access an additional $100 million directors and officers tower after finding...more

Carlton Fields

Florida Appeals Court Decisions Week of January 26 - 30, 2026

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U.S. Eleventh Circuit Court of Appeals - USA v. Rodgers - Fifth Amendment, right to silence - Hughes v. Locure - § 1983, qualified immunity - USA v. Ott - sentencing - Lewis v. Fulton Cnty Sheriff - blind inmate,...more

Haynes Boone

Delaware Supreme Court Affirms D&O Coverage for Settlement of Post-M&A Shareholder Litigation and Limits Scope of “Bump-Up’’...

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On Jan. 27, 2026, in Illinois National Insurance Co. v. Harman International Industries, Inc. (“Harman”), the Delaware Supreme Court issued a notable, pro-policyholder decision addressing the scope of directors and officers...more

Laughlin, Falbo, Levy & Moresi LLP

Hernandez and the Ever-Growing Going and Coming Rule

Over the years, the “Going and Coming Rule” has often been defined more by its exceptions than by the rule itself. The rule states that an injury occurring off the employer’s premises during an employee’s normal commute to or...more

Marshall Dennehey

Commonwealth Court Affirms Workers’ Compensation Judges’ Authority to Amend Injury Description Under Section 413(a) Despite...

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Factory Grinding Service, Inc. and SWIF v. Lane Hanna, FoodPrep Solutions, LLC/Factory Grinding Service, Inc., and Berkshire Hathaway Homestate Insurance Company (WCAB); No. 1376 C.D. 2024; Nov. 7, 2025; Judge McCullough -...more

Goldberg Segalla

New York Court Clarifies When Broker E&O Claims Accrue in Coverage-Disclaimer Cases

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One of the questions that must always be considered with regard to professional liability claims is when the claim accrues for purposes of applicable statutes of limitations. In insurance broker E&O claims involving policies...more

Rivkin Radler LLP

January 2026 Insurance Update

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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

Carlton Fields

Circuit Courts Chime in on Eligibility for Long-Term Disability Benefits

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Federal circuit courts of appeal chimed in on participants’ eligibility for long-term disability (LTD) benefits in two recent decisions. Both decisions affirmed administrators’ denial of benefits and addressed the impact of...more

King & Spalding

Supreme Court Declines Review of No Surprises Act IDR Enforcement Dispute

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The U.S. Supreme Court has declined to review a Fifth Circuit decision addressing whether the No Surprises Act permits providers to bring private lawsuits to enforce independent dispute resolution (IDR) awards against...more

Haynes Boone

Arbitration in the Fifth – December 2025

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In December 2025, the Fifth Circuit Court of Appeals resolved multiple issues related to insurance arbitration in favor of nonarbitrability in Town of Vinton v. Indian Harbor Ins. Co., while its decisions in Mertens v....more

Wiley Rein LLP

Fourth Circuit Reverses: Under Armour Cannot Tap Additional $100 Million D&O Tower for Related Government Investigations and...

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In a win for Wiley’s client, the United State Court of Appeals for the Fourth Circuit, applying Maryland law, reversed judgment on the pleadings in favor of the insured, holding that a securities class action, derivative...more

Carlton Fields

Florida Appeals Court Decisions Week of January 12 - 16, 2026

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U.S. Eleventh Circuit Court of Appeals - No decisions this week... Florida Supreme Court - Tallahassee In re Fla R Civ P - amended rules - In re Fla R Civ P - more amended rules - In re R Reg Fla Bar - amended bar...more

Troutman Pepper Locke

Supreme Court Declines Review in Guardian Flight, Leaving Intact Fifth Circuit Ruling That No Private Right of Action Exists to...

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On January 12, the U.S. Supreme Court denied the petition for writ of certiorari in Guardian Flight, leaving in place the Fifth Circuit’s June 2025 decision that we covered in our prior post. As a result, within the Fifth...more

Troutman Pepper Locke

Supreme Court Declines Review in Guardian Flight, Leaving Intact Fifth Circuit Ruling That No Private Right of Action Exists to...

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On January 12, the U.S. Supreme Court denied the petition for writ of certiorari in Guardian Flight, leaving in place the Fifth Circuit’s June 2025 decision that we covered in our prior post (available here). As a result,...more

Goldberg Segalla

Connecticut Supreme Court Reinstates Claims Against Insurer for Violating the ‘Make Whole Doctrine’

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Insurers need to be aware in Connecticut that the premature enforcement of their subrogation rights may result in claims against them by their insured. In its January 6, 2026, decision in Orlando v. Liburd, the Connecticut...more

Miles Mediation & Arbitration

The Dangerous Misapplication Of O.C.G.A. § 33-24-41.1 Limited Liability Releases In Non-Motor Vehicle Accident Claims

Georgia personal injury practitioners are increasingly encountering settlement demands in non-motor vehicle tort cases that require the use of a “limited liability release” pursuant to O.C.G.A. § 33-24-41.1. This practice,...more

Robinson & Cole LLP

A Tale of Two Timelines – Eleventh Circuit Rejects Claimant’s Attempt to Rewrite Occurrence Notice Condition

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Occurrence-based liability policies often include a condition that requires the insured, or someone on their behalf, to provide a carrier prompt notice of the occurrence. Delays in reporting a claim can potentially provide a...more

Carlton Fields

Florida Appeals Court Decisions Week of January 5 - 9, 2026

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U.S. Eleventh Circuit Court of Appeals - AB v. Barrow - insurance, notice, 58-month delay - Athos Overseas v. YouTube - copyright infringement, DMCA, safe harbor - USA v. Barry - sentencing, credit card fraud - ...more

Marshall Dennehey

Top 10 Developments in Florida Workers’ Compensation in 2025

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1. Treatment with an authorized provider tolls the statute of limitations, although treatment occurred without employer/carrier’s knowledge and billed to private health insurance - Ortiz v. Winn-Dixie, Inc., 402 So. 3d 301...more

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