Hinshaw Releases Second Edition of Duty to Defend: A Fifty-State Survey
Loading and Unloading Under GL and Auto Policies: 2022
Prior & Pending Litigation
What is a Damron Agreement?
In Hartford Casualty Insurance Co. v. Instagram LLC, the Delaware Superior Court granted the insurers’ motion for partial summary judgment, finding that various primary and excess general liability insurers had no duty to...more
More than "but for": Ontario Court limits additional insured coverage for wedding tumble - In Van Daele v. Waring House et al, 2025 ONSC 6687, the Ontario Superior Court of Justice held that a wedding venue was not...more
The Ninth Circuit reversed a lower court and held that insurer Atlantic Specialty (as successor to One Beacon) had a duty to defend an employee’s suit against his employer, a semiconductor manufacturer. In the underlying...more
Ohio Supreme Court clarifies that attorney-client privileged communications in an insurer’s claim file are discoverable only upon a prima facie showing of “bad faith” and a determination by the trial court, following an...more
Greater New York Mutual Insurance Company (“GNY”) recently filed a sweeping 207 page civil RICO complaint in the Eastern District of New York alleging a multi-layered insurance fraud enterprise involving personal injury law...more
On February 27, 2026, the Delaware Superior Court issued a memorandum opinion and order in Hartford Casualty Insurance Co. et al. v. Instagram, LLC et al., granting summary judgment for a group of insurers and denying motions...more
Mount Hawley Insurance Company issued a commercial general liability policy to a contractor that excluded coverage for property damage resulting from the insured’s labor, except for “interior tile” work. The insured...more
In a seminal decision, the Illinois Supreme Court held that a permit or regulation authorizing certain emissions has no bearing on the application of a liability insurance policy’s pollution exclusion to litigation based on...more
Congress enacted the Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA) to afford human trafficking victims a civil framework for recovering money damages from their traffickers. The statute initially limited...more
The U.S. Court of Appeals for the Seventh Circuit, applying Indiana law, held that an excess liability insurer did not breach any duty where it refused to defend an insured or attend mediation on behalf of an insured where...more
The ongoing bellwether trial in California has brought renewed attention to an unprecedented wave of lawsuits targeting social media companies. These actions allege that major platforms are intentionally engineered to foster...more
In a February 10, 2026 Order, Judge F. Dennis Saylor IV granted Plaintiff-Insured’s Motion for Judgment on the Pleadings, finding that Mount Vernon had a duty to defend a copyright infringement claim brought against the real...more
The insured, a plumbing company, faced millions of dollars in potential liability for claims arising from a fire at an apartment building where the insured performed work. The insured sought coverage for those claims under a...more
On January 23, 2026, in a case involving an insurance coverage dispute, the Illinois Supreme Court answered a question certified by the Seventh Circuit Court of Appeals about whether and, to what extent, a permit or...more
In 2025, Hinshaw’s global insurance services team authored several resources on key developments and decisions that impacted the US insurance industry. From our timely commentary just published in Mealey’s to the third...more
This is the second in a series of discussions about insurance issues unique to the Lone Star State. Both bankruptcy and the ability for a policyholder to assign its first-party, bad-faith claim against its insurer can be...more
In a win for Wiley’s client, the United States District Court for the District of Wyoming, applying Wyoming law, held that an insured versus insured (“IvI”) exclusion barred coverage for an entire class action proceeding...more
Construction projects involve high risk. Multiple contractors and subcontractors working on a project site—often with heavy equipment and hazardous conditions—creates the potential for significant injuries, property damages,...more
A Manhattan property owner retained On Star Management LLC to manage a renovation project at its property and On Star, in turn, retained Batco Associates, LLC, to perform work at the project. Batco then retained CMG...more
The Fifth Circuit in BPX Production Company v. Certain Underwriters at Lloyd's London, No. 23-20034, 2025 WL 2952911 (5th Cir. Oct. 20, 2025), revived oil and gas producer BPX Production Company’s contractual coverage claims...more
The United States District Court for the Western District of Washington, applying Washington state law, has held that an environmental liability insurer breached its duty to defend in bad faith by relying on extrinsic...more
The tripartite relationship is a term of art which describes the complex relationship between (1) an insurance company, (2) it’s insured, and (3) defense counsel retained to represent the insured. Originally Published in...more
The U.S. District Court for the Northern District of Illinois, applying Illinois law, denied an insured’s motion to stay an insurer’s declaratory judgment action seeking a declaration that it owed no duty to defend. Landmark...more
The Appellate Court of Illinois, applying Illinois law, has held that a cyber insurer had no duty to defend or indemnify its insured where the alleged misconduct occurred prior to the policy’s retroactive date. The...more
Eastern District Finds Ongoing Operations Exclusion Is Unambiguous And Precludes Coverage For Worker’s Lawsuit- Steven Rodriguez owns property in Queens and leased one of the storefronts to a restaurant. Without...more