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?
On July 9, 2025, in Hammond Power Solutions Inc. v. National Union Fire Insurance Co., the Seventh Circuit Court of Appeals affirmed the district court’s decision granting summary judgment to the insurer and finding, under...more
In Nationwide Property & Casualty Insurance Company v. Hampton Court, L.P., et al. the United States District Court for the Northern District of Georgia granted an insurer's motion for judgment on the pleadings that it owed...more
This insurance-coverage dispute involved alleged asbestos exposure from asbestos-containing vermiculite mined from Vermiculite Mountain outside of Libby, Mont. The court acknowledged that vermiculite ore may contain toxic...more
On December 11, 2024, the United States District Court for the Southern District of Texas refused to allow extrinsic evidence under the Monroe conditions where plaintiff’s employment status and the merits of the case...more
The insured punched and kicked the Claimant, causing injuries. The Claimant sued the insured alleging that the insured assaulted him, and negligently and recklessly caused his injuries. Nationwide Mutual Fire Insurance...more
Employer’s Liability Exclusions typically apply to claims for bodily injury to employees arising out of and in the course of their employment by the insured. But, to what extent might such exclusions apply to claims for...more
Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising...more
Second Circuit Holds That Malpractice Insurer Has No Duty to Defend or to Indemnify Lawyer Because Of Business Enterprise Exclusion- Associated Industries Insurance Company sued its insureds, a lawyer, and his former law...more
Mental state, in some form, is the common theme running through our first three cases this month. The Fifth Circuit decides whether directors and officers of an ice cream company, accused of breaching their fiduciary...more
In Westfield National Insurance Co. v. Quest Pharmaceuticals, the Sixth Circuit held that two insurers owed no coverage obligations to Quest Pharmaceuticals in connection with 77 lawsuits filed against it alleging misconduct...more
Long-tail claims involve continuous or progressive injuries that occur over the course of multiple years. Often these claims occur in the context of long-latency diseases, such as those arising from asbestos exposure, or...more
Causation, an issue courts often wrestle with when deciding insurance coverage issues, lands the starring role in our February Insurance Update. •A county experienced higher costs due to the opioid crisis. Does its...more
An insurance coverage case brought by McDonald’s and two of its franchisees (collectively, “McDonald’s”), raised a novel question in Illinois state court. The question was whether or not costs to comply with a mandatory...more
In July of 2020, the United States Court of Appeals for the Fifth Circuit revisited and affirmed its prediction that Texas courts will not allow extrinsic evidence to determine an insurer’s duty to defend where such evidence...more
The Second Department, Appellate Division, for the Supreme Court of New York, recently held in a matter of first impression, that an insurance company with a duty to defend may not recover defense costs after a determination...more
There is only one thing that can be said for sure about the extent of consequences — human and economic — of the new coronavirus outbreak. Nobody knows. But, as things stand now, minor, and even moderate, have left the barn. ...more
In Century Surety Company v. Dana Andrew (Dec. 13, 2018), the Nevada Supreme Court issued an opinion regarding whether, under Nevada law, the liability of an insurer that has breached its duty to defend, but not acted in bad...more
A lawsuit filed by Danielle Roland against Klub Kutter’s Bar & Lounge alleged that on September 6, 2015, Roland was a “business invitee” at Klub Kutter’s in Fort Lauderdale, Florida....more
On March 15, 2018, a California federal court (for the Northern District) ruled that under either California or New York law an “all sums” allocation applies to claims for coverage for an underlying mesothelioma wrongful...more