Expert Testimony, Insurance Litigation, Insurance Industry

Insurance Insights for the Cold, Dark Winter Nights

Alston & Bird on 2/25/2025

Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, fires alter the landscape of California insurance, an expert’s...more

The Bell Tolls For the "Bellefonte Cap"

Hinshaw & Culbertson - Insights for Insurers on 12/29/2021

In 2016, Best's Review published our article titled "The Bellefonte Cap Returns." As we explained, the Cap stemmed from the decision of the U.S. Court of Appeals for the Second Circuit in 1990 in Bellefonte Reinsurance Co. v....more

Recent Bad Faith Cases Regarding Reasonableness of Medical Treatment

Cozen O'Connor on 4/19/2021

In two recent cases, the courts showed substantial deference to patients’ treating physicians in determining the reasonableness of medical treatment. This deference appears to reflect a reluctance of courts to decide what...more

Eleventh Circuit Finds No “Direct Physical Loss” to Dust-Covered Restaurant that Merely Required Cleaning

Carlton Fields on 8/31/2020

As the COVID-19 pandemic continues, so does the deluge of litigation stemming from property insurers’ denials of COVID-19 business interruption claims. Much of the debate between carriers and policyholders concerns whether...more

Unreasonableness of Insurer’s “Medical Necessity” Criteria and Inconsistent Expert Testimony Mandate Reversal of Genuine Dispute...

Haight Brown & Bonesteel LLP on 8/17/2020

In Ghazarian v. Magellan Health (No. G057113, filed 8/7/20), a California appeals court reversed summary judgment that had been granted for a health plan insurer in a bad faith and unfair business practices lawsuit on the...more

Unringing the Bellefonte Rule

White and Williams LLP on 3/4/2020

On March 2, 2020, the U.S. District Court for the Southern District of New York issued its long-anticipated ruling in the Global v. Century case. More than five years after applying the Bellefonte Rule to hold that a...more

Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case

White and Williams LLP on 6/12/2019

Property owners owe a duty of reasonable care to avoid causing harm to neighboring properties. When a property owner knows or should know about a condition that poses a risk of danger to neighboring properties, the property...more

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