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Insurance Litigation

Marshall Dennehey

Ohio Supreme Court Enforces Broad Arbitration Clause in Insurance Policy, Extending to Bad Faith Claims

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U.S. Acute Care Solutions, L.L.C. v. Doctors Company Risk Retention Group Insurance Company, --- N.E.3d ---, 2025-Ohio-5010 (Ohio 2025) - In this medical malpractice lawsuit filed against an emergency services provider, the...more

Bennett Jones LLP

Emond: Rebuilding Dreams or Interpreting Realities? The Supreme Court Weighs In

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The Supreme Court of Canada recently released its decision in Emond v Trillium Mutual Insurance Co, 2026 SCC 3 (Emond), offering important clarity on how insurance policies are interpreted when endorsements that add to the...more

Butler Snow LLP

Flood Claims Under the SFIP: How Failing to Comply with Strict Policy Deadlines Can Sink Your Flood Claim

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Many insureds—including sophisticated corporate policyholders—assume that FEMA’s Standard Flood Insurance Policy (“SFIP”) functions like a traditional commercial property policy. It does not....more

Cozen O'Connor

Carriage, Control, and Coordination of Subrogated Lawsuits in Ontario and Beyond

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Subrogation is often considered a technical doctrine; it allows an insurer to ‘step into the shoes of its insured.’ In practice, however, control of the litigation is anything but technical. The party with carriage decides...more

DLA Piper

Fortuity - Canadian Insurance News and Trends - February 2026

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On January 30, 2026, the Supreme Court of Canada issued its decision in Emond v Trillium Mutual Insurance Co., 2026 SCC 3. In a 7-2 decision, the Court ruled in favour of the insurer, finding its duty to indemnify under a...more

Freeman Mathis & Gary

Georgia Court of Appeals holds only material terms required to form a settlement agreement are those within statute

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A recent opinion from the Georgia Court of Appeals enforced a settlement agreement under the 2024 version of O.C.G.A. § 9-11-67.1. The underlying facts of this case arise out of a motor vehicle accident involving Abriel...more

Ropers Majeski

Greater New York Mutual Co. Files Suit Against Subin

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In a complaint filed on January 27, 2026, Greater New York Mutual Co. (GNY) alleges a civil RICO scheme arising out of the legal representation practices of Subin & Associates LLP ("Subin"), a personal injury law firm that...more

FBT Gibbons LLP

Stacking: A Lawnmower, a Lawsuit, and a Lesson in Insurance Limits

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Stacking refers to combining coverage limits across one or more insurance policies to increase the total amount available for a single covered loss. With automobile insurance, the issue of stacking arises with regard to...more

Goldberg Segalla

Colorado Appellate Court Interprets State’s Insurance Disclosure Statute to Apply to Policy Not in Effect on Date of Underlying...

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On February 5, 2026, a divided panel of the Colorado Court of Appeals determined that an insurer that refused to produce an auto insurance policy issued after the subject accident in response to a statutory...more

Allen Matkins

California Environmental Law & Policy Update 2.6.26

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State legislation proposed this week, known as Senate Bill 982, the Affordable Insurance Recovery Act, would authorize California’s attorney general to sue fossil fuel companies to recover losses from climate-induced...more

Carlton Fields

Sixth Circuit Rules Against Nonprofit Organization in Insurance Dispute Over Replacement Cost of Outdated Building

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The Sixth Circuit Court of Appeals recently affirmed summary judgment in favor of an insurance carrier regarding a coverage dispute over the replacement cost of a building....more

Cozen O'Connor

Court Says Ensuing Loss Requires More Than Increased Susceptibility

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In Stella Property Development and Event Production, LLC v. Auto-Owners Insurance Company, 2026 WL 221489 (W.D. Pa. 2026), the United States District Court for the Western District of Pennsylvania denied summary judgment as...more

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

Troutman Pepper Locke

Ninth Circuit Upholds Administrator’s Denial of Residential Mental Health Benefits Under ERISA

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In an unpublished memorandum decision, the Ninth Circuit in R.R. v. California Physicians’ Service d/b/a Blue Shield of California, affirmed the insurer and administrator’s denial of benefits for a dependent’s residential...more

Hogan Lovells

Business interruption insurance: lessons from Covid-19, five years on

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With the limitation clock running down for covid-19 business interruption (BI) claims in the UK, Hogan Lovells partner Lydia Savill, counsel Sara Bradstock and associate Sophie Warren offer key insights for insurance...more

Foley & Lardner LLP

The Evolving Landscape of Insurance Coverage for False Claims Act (FCA) Probes: Understanding the Impact of a Delaware Court...

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Companies operating in heavily regulated industries are becoming increasingly familiar with Department of Justice (DOJ) Civil Investigative Demands (CID). Traditionally viewed as a pre‑suit investigative tool, a CID may...more

Conyers

The Tort of Deceit, Double Actionability and Renvoi; the decision in Bidzina Ivanishvili & Ors v Credit Suisse Life (Bermuda) Ltd...

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On 24 November 2025 the Privy Council handed down a judgment in a Bermudian claim for breach of contractual and fiduciary duties and fraudulent misrepresentation, issued by a high-net-worth individual Bidzina Ivanishvili...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

Haynes Boone

Insurance Recovery - 2025 Year in Review

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The 2025 Insurance Coverage Year in Review curates the most consequential insurance coverage rulings of the year to assist corporate policyholders, risk managers and in-house counsel with existing and future claims and policy...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

Freeman Mathis & Gary

[Webinar] Litigating Data Breaches: Trends, Risks and Strategies - February 18th, 2:00 pm - 3:00 pm EST

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Join us Wednesday, February 18, from 2 to 3 p.m. EST for the first of our series of six webinars covering trending topics in the Data Security, Privacy & Technology space – “Litigating Data Breaches: Trends, Risks and...more

Wiley Rein LLP

Delaware Court Finds a Meaningful Link Where Notice of Circumstances and Later Claim Allege Same Underlying Conduct

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The Superior Court of Delaware, applying Delaware law, has held that there was a meaningful link between a notice of circumstances and a later claim where the circumstances described in the notice “allege[d] the same...more

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