News & Analysis as of

Liability Insurance Litigation

Marshall Dennehey

Appellate Court Rejects Negligence Claim in Bus Injury Case, Finds Normal Travel Conditions

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McClain v. MTA Bus Co., 222 N.Y.S.3d 142 (2d Dept Nov. 27, 2024) - The appellate division addressed a common issue in transportation actions, a plaintiff alleges they were caused to fall or be injured as a result of actions...more

McGlinchey Stafford

Strategic Risk Mitigation for Insurance Providers Amidst PFAS-Related Environmental Liability

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The increasing volume of litigation involving Poly- and Perfluoroalkyl Substances (PFAS) presents substantial financial and operational uncertainties for the insurance sector. Due to their environmental persistence and...more

Sheppard Mullin Richter & Hampton LLP

Umbrella Insurer’s “Business Decision” to Pick Up an Insured’s Defense Leads to a Multi-Million Dollar Fraudulent Concealment...

A primary insurer (Truck Insurance Exchange) and an umbrella insurer (Federal Insurance Company) have been involved in a series of lawsuits dating back to 2007. The California Court of Appeal recently ruled that their...more

Zelle  LLP

Georgia’s Latest Efforts at Tort Reform: SB 68 & SB 69 Reshape the Liability Landscape for Insurers and Policyholders Alike

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In a legislative whirlwind that has left Georgia’s legal landscape noticeably altered, Governor Brian Kemp recently signed into law two landmark tort reform bills—Senate Bill 68 (“SB 68”) and Senate Bill 69 (“SB 69”)—ushering...more

Cozen O'Connor

Claims Notes: May 2025

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Tort Reform Law Guts Joint & Several Liability in Favor of Proportionate Liability, Not Deepest Pocket - South Carolina enacted a bipartisan tort reform that overhauls joint and several liability to place fault on the...more

A&O Shearman

Insuring data breach liabilities – how different policies can stack up and the problem of late notification

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An English Court has recently decided that three insurance policies covering the same loss – data breach settlements arising from an incorrectly addressed email – provided a combined, cumulative limit of indemnity. While the...more

Tyson & Mendes LLP

Cracking the Code: Demystifying the Legal Lingo in Insurance Defense

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Picture yourself standing in the middle of a bustling market surrounded by signs and conversations you can’t seem to decipher. If you’ve ever been a foreign country and don’t speak the language, you understand what it’s like...more

Maison Law

How Traffic Camera Evidence is Changing Accident Litigation in California

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The use of traffic camera evidence is increasingly changing accident cases in California. While witness testimony can be helpful, it’s not always reliable. And some witnesses may not want to testify. The emergence of traffic...more

Maison Law

The Role of Expert Witnesses in Car Accident Litigation

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Auto accidents can upend the lives of motorists and their families in the blink of an eye, often through the carelessness and negligence of others. Seeking legal restitution is an important step in putting the pieces back...more

Carlton Fields

Divided Ninth Circuit Finds Claimant’s Failure to Provide Medical Records Insulates Insurer From Bad Faith Failure to Settle

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If at first you don’t succeed, try, try again. An age-old adage that now provides critical guidance for insurers seeking to protect themselves in the face of bad faith failure to settle claims....more

Goldberg Segalla

The Expansion of Dog Owner Liability in New York

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In a landmark decision likely to have wide-ranging implications for premises liability claims and insurance defense litigation, the New York Court of Appeals, the state’s highest court, has upended decades of precedent in its...more

Stoel Rives - Notice of Appeal

Oregon Supreme Court Clarifies Contribution Rights under the Oregon Environmental Cleanup Assistant Act

Last week, the Oregon Supreme Court issued an important decision interpreting the Oregon Environmental Cleanup Assistance Act (OECAA), clarifying the boundaries of insurer contribution rights and the scope of the statute’s...more

Stoel Rives LLP

AI and Insurance – The Awkward Early Days

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For lawyers like me who practice at the intersection of law and insurance, the swift and widespread adoption of Artificial Intelligence across the business world is bringing new challenges and questions nearly every day. In...more

Pillsbury - Policyholder Pulse blog

The Latest on PFAS: What Policyholders Need to Know Now

We have previously written on the evolving risks associated with PFAS—also known as “forever chemicals”—and their implications for policyholders navigating environmental liabilities involving both PFAS and PFAS-related...more

Hinshaw & Culbertson - Insights for Insurers

The Ultimate Social Inflation Survival Guide

Insurance professionals, risk managers, and counsel deal with it on a daily basis, plaintiffs' personal injury lawyers are driving and benefiting from it, consumers and policyholders are paying for it, litigation funders are...more

Cozen O'Connor

Claims Notes: April 2025

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Comprehensive Tort Reform Bill Clears Georgia Legislature; Expected to be Made Law - The Georgia House of Representatives and Senate have passed a bipartisan, comprehensive tort reform bill. Governor Brian Kemp is expected...more

Goldberg Segalla

New York Appellate Court: Rental Companies Not Statutorily Required to Provide Primary Coverage to Customers

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New York’s state appellate court recently declared rental car companies are not required to provide primary insurance coverage to their rental customers. Instead, the court concluded that New York law requiring the companies...more

Miles Mediation & Arbitration

Multi-Party Construction Mediations and How to Address Them

Multiparty construction mediations are often complicated due to the number of liability, causation, and damages issues. Whether the mediation occurs prior to litigation or after litigation is initiated, there are several...more

Marshall Dennehey

A Deadly Encounter: Court Clarifies Use of Force in Police Shooting of Mentally Ill Individual

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Key Points: Use of Deadly Force: The court upheld the police officers’ use of deadly force, which is relevant for insurance coverage in similar incidents. Municipal Liability: No liability for the defendant as there was no...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Confirms That Liability Insurers Are Entitled to Corroborating Medical Documentation Before Settling a...

Liability insurers often receive policy limit demands from third-party claimants that allege serious injuries without corroborating medical records or bills. Since the enactment of California Civil Procedure Code section 999...more

Searcy Denney Scarola Barnhart & Shipley

The Importance of Dashcam Footage in Tallahassee Car Accident Cases

Car accidents are an unfortunate reality on the roads of Tallahassee, Florida. With thousands of vehicles traversing the city daily, collisions are bound to occur. Determining fault and liability in these incidents is often a...more

Clark Hill PLC

Colorado Court of Appeals Holds That the Felonious Killing Exception Applies to Corporations

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In Ross v. Public Service the Colorado Court of Appeals ruled on March 20 that the Felonious Killing Exception applies to corporations. What is the “Felonious Killing Exception?”...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Clarifies Amount in Controversy Requirement in Declaratory Judgment Actions Between Insurers and Their Insureds

Plaintiff’s counsel often employ a range of strategic tactics to defeat diversity jurisdiction because they view federal court as an unfavorable forum. One such tactic is to challenge the amount in controversy—a key...more

White and Williams LLP

Top Developments - 2025, Issue 1

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New Jersey appeals court concludes that claims by a condominium resident alleging injury from indoor exposure to mold did not fall within a “consumption” exception to mold exclusions* in CGL policies where the resident...more

Cozen O'Connor

The Latest On Louisiana’s Bad Faith and Claims-Handling Statutes

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On July 1, 2024, the widespread changes to Louisiana insurance law took effect after Governor Jeff Landry signed Senate Bill No. 323 into law as “Act No. 3” (hereafter, the “Act”). With the first anniversary of the Act...more

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