Schnatzmeyer v. State Farm Ins. Co., No. 3:23-CV-02820-K, 2025 WL 1697505, at *1 (N.D. Tex. June 17, 2025).
In a case involving two overlapping freeze claims—and a substantial array of legal issues affecting insurers in…
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/ Civil Procedure, Insurance
Recently, Florida lawmakers enacted amendments to the Florida Rules of Civil Procedure. Rule 1.280 addresses initial disclosures and now imposes stricter obligations on parties to timely exchange them. Effective January 1, 2025,…
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/ Civil Procedure
Similar to a lawsuit against Character Technologies filed in Texas (which has been sent to arbitration), the Florida case, Megan Garcia and Sewell Setzer, Jr. v. Character Technologies, Inc., et al, No. 6:24-cv-01903-ACC-DCI, in…
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/ Art, Entertainment, & Sports Law, Consumer Protection, Personal Injury, Science, Computers, & Technology
A June 16 appellate decision involving the construction of a cyberinsurance policy demonstrates a concerning lack of judicial understanding about the nature and scope of cyber liability coverage and implicitly incentivizes…
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/ Commercial Law & Contracts, Insurance, Science, Computers, & Technology
Last month, Judge Jose E. Martinez of the U.S. District Court for the Southern District of Florida denied the Burger King Defendants’ (“Burger King”) motion to dismiss a putative class action alleging that its “No-Hire”…
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/ Antitrust & Trade Regulation, Franchise Law, Labor & Employment Law
Increasing abuses in the claims process have caused insurance companies to rethink the traditional model of sending out cash to pay claims. Far too often, that cash is used for purposes other than fixing damage, with a…
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/ Commercial Law & Contracts, Construction Law, Insurance
During the underwriting process, carriers should review affirmative coverages not only to ensure consistency with applicable exclusions but also to make sure that the coverages themselves are internally consistent. Failure to do…
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/ Construction Law, Insurance, Real Estate - Commercial
One Big Beautiful Bill Act (“OBBA”) which would impose a 10-year freeze on new state-level artificial intelligence regulations and suspend enforcement of existing ones is being challenged by several state insurance commissioners…
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/ Consumer Protection, Insurance, Science, Computers, & Technology
In his eponymous 1990 hit, Robert Van Winkle—Vanilla Ice—promised: “If there was a problem yo I’ll solve it.” If only the FTC and DOJ (the “Agencies”) could make the same pledge. Instead, their sudden decision to withdraw their…
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/ Administrative Law, Antitrust & Trade Regulation, Business Organizations
Once in a while, there is an insurance case that addresses numerous “common” issues and reaffirms the parties’ respective duties in supporting and adjusting claims, promptly making repairs, and mitigating loss. The recent Fifth…
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/ Commercial Law & Contracts, Construction Law, Insurance
In Texas, bad faith claims arising under the Texas Insurance Code or the common law are routinely asserted by plaintiffs in first-party insurance disputes. While these causes of action are frequently pled, mere disagreement…
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/ Civil Remedies, Commercial Law & Contracts, Insurance
In a remarkable development revealing the increasing integration of Artificial Intelligence into business operations, insurers at Lloyd’s of London have launched focused coverage for losses caused by artificial intelligence tool…
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/ Commercial Law & Contracts, Insurance, Science, Computers, & Technology
On March 19, 2025, Judge Reed O’Connor in Liberty Mutual Fire Insurance Co. v. N. Tarrant Infrastructure LLC, No. 4:23-cv-01043-O, 2025 WL 863470 (N.D. Tex. Mar. 19, 2025) held that under the Eight-Corners Rule, Liberty Mutual…
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/ Construction Law, Insurance, Transportation
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 in…
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/ Civil Procedure, Insurance, Personal Injury
Recently, the United States District Court for the Northern District of Texas, Dallas Division, rejected an insured’s attempt to reframe its claim from a “forces of nature” claim and enforced Section 542A.006 of the Texas…
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/ Civil Procedure, Consumer Protection, Insurance
