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
As global threats evolve, so does the question of what constitutes a ‘war’ risk under a standard property insurance policy, and how this might impact coverage.
Russia’s Shadow War -
Historically, a war was a physical…
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/ Civil Procedure, Commercial Law & Contracts, Insurance
In their recent Law360 guest article titled "Reconciling 2 Smoke Coverage Cases From California," the authors described a California appellate court's Feb. 7 opinion in Gharibian v. Wawanesa General Insurance Co. as an "outlier"…
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/ Commercial Law & Contracts, Insurance, Real Estate - Residential
Since between 90%-95% of litigated cases settle before trial, effective negotiation skills can be the bedrock of success for lawyers.
Settlement allows both parties to avoid the uncertainty and costs of protracted litigation…
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/ Alternative Dispute Resolution (ADR), Health, Law Practice Products & Services
Asbestos fibers, chemical fumes, environmental pollutants—what do they have in common? They all involve injuries that manifest over time and are continuously at the center of the complex exposure trigger debate…
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/ Insurance, Products Liability, Toxic Torts
In a recent decision, Gray v. Philadelphia Contributionship, 748 F. Supp. 3d 367 (D. Md. 2024), U.S. District Judge James K. Bredar granted a policyholders’ motion to compel appraisal and stayed litigation in a diversity action…
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/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Insurance
The United States Fifth Circuit Court of Appeals recently affirmed summary judgment granted by the bankruptcy court in favor of commercial property insurer in a Winter Storm Uri claim, holding that the insured motel owners could…
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/ Bankruptcy, Civil Procedure, Commercial Law & Contracts, Insurance
In Iyengar v. Liberty Insurance Corporation, No. SA-21-CV-1091-FB, 2024 WL 5505300 (W.D. Tex. Dec. 13, 2024), District Judge Biery denied Plaintiffs’ Motion for Clarification regarding Magistrate Judge Bemporad’s interpretation…
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/ Civil Procedure, Commercial Law & Contracts, Insurance
A New York Appellate Court faced an interesting situation on March 26, 2025, when a pro se litigant, Jerome Dewald, attempted to use an AI avatar as his counsel to argue for a reversal of the lower court’s decision in an…
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/ Civil Procedure, Insurance, Labor & Employment Law, Science, Computers, & Technology
