The Duty to Cooperate Under a Liability Policy
AI Talk With Juliana Neelbauer - Episode Two - Cybersecurity Insurance: The New Frontier of Risk Management
Law School Toolbox Podcast Episode 388: Listen and Learn – Policy Exclusions (Evidence)
Nonprofit Basics: Insurance Coverage for the New Nonprofit
Tax Liability Insurance Products: A Hidden Gem in the Transactional Lawyer’s Tool Box
Asset Protection 101: Are You and Your Family Protected from Litigation, Creditors, and Divorce?
Subro Sense Podcast - Considerations In Fixed Funds/Limited Pool Scenarios
JONES DAY PRESENTS®: Insurance Implications of the California Consumer Privacy Act
Prior & Pending Litigation
The Northern District of Texas recently issued a pivotal decision for long-tail injury cases. It clarified that under Texas law, excess liability coverage for long-tail injury claims can center on an exposure trigger theory....more
The Court of Appeal of Louisiana, Third Circuit, has held that a bodily injury exclusion in a carrier’s errors and omissions policies barred coverage for a third-party claim by another carrier and a third-party demand by an...more
In Columbia Casualty Co. v. State Auto Mutual Insurance Co., the Sixth Circuit Court of Appeals concluded, under Ohio law, that a demand letter to a general liability insurance carrier’s insured containing allegations of bad...more
Michael Cannata and Frank Misiti wrote, “There’s Coverage for That? The ‘Ins and Outs’ of Personal and Advertising Injury Coverage” for the Summer 2025 issue of USLAW Magazine. The story explains “personal and advertising”...more
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...more
In Rice Enterprises LLC v. RSUI Indemnity Co., the Third Circuit Court of Appeals affirmed the district court’s finding that the insured was not entitled to coverage from its employer’s liability insurer or its umbrella...more
Applying Indiana state law, the Indiana Court of Appeals has held that a breach of contract exclusion did not preclude a duty to defend under an employment practices liability policy because some of the underlying allegations...more
More often than not, liability coverage and how the courts interpret insurance policies often reflect current social mores and norms. As the dynamics around domestic households and partnerships continue to evolve, who...more
The auto insurance industry faces significant hurdles. As businesses grapple with rising costs and evolving risks, two key factors are reshaping the claims environment: social inflation and third-party litigation financing....more
In Erie Insurance Exchange v. Hannah Baluch, ___ A.3d ___, 2025 WL 22562 (Pa. Super. Ct., Jan. 3, 2025), the Pennsylvania Superior Court addressed whether an insured with her own automobile insurance policy is entitled to...more
In 2015, Continental Casualty Company issued a commercial general liability policy to Zongwei Shen dba Nobles Massage Spa. The policy covered Shen (the spa owner) and Zhong Xin (the spa manager and Shen’s wife) for damages...more
There’s been plenty of litigation over whether construction defect claims qualify for coverage under a CGL policy. This month, we discuss two federal circuit court rulings (First and Seventh Circuits) that reach opposite...more
Key Points: Trial court’s denial of insurer’s petition for limited intervention to determine whether coverage exclusion applied was immediately appealable pursuant to Pa. R.A.P. 313(b)....more
The United States Court of Appeals for the Ninth Circuit, applying California law, has held that no coverage was available under an employment practices liability insurance policy because the insured failed to give notice...more
Eastern District Finds That Insurer’s Delay In Disclaiming After Insured Gave Notice Of Occurrence Precluded Insurer’s Reliance Upon Exclusions Two employees of Extreme Residential Corp. were involved in a construction...more
The United States District Court for the Middle District of North Carolina, applying North Carolina law, ruled that neither a contract exclusion nor a professional services exclusion contained in a D&O policy barred coverage...more
On June 15, 2023, in Citizens Insurance Company of America v. Wynndalco Enterprises LLC, the Seventh Circuit Court of Appeals affirmed the U.S. District Court for the Northern District of Illinois’ decision holding that a...more
We bring you our March Insurance Update. As college basketball programs embark on the road to the final four, we select our top four insurance cases from the past month. In a dispute over the priority of coverage, the...more
If you have been asked to serve as a trustee, you no doubt have questions about the duties and responsibilities of the role. You also should be clear on your trustee insurance coverage. Unfortunately, some confusion exists...more
The duty of a liability insurer to defend a policyholder from litigation is typically described as broad and expansive, extending beyond the insurer’s duty to indemnify. The duty to defend generally obliges an insurer to...more
On November 8, 2022, the Eleventh Circuit Court of Appeals agreed with the U.S. District Court for the Middle District of Florida that Mount Vernon Fire Insurance Co. did not have a duty to defend Global Travel International...more
In a decision that further muddies the already murky waters of “occurrence” jurisprudence, the California Court of Appeal has ruled that a general liability policy does not cover a homeowner who mistakenly grades the wrong...more
Fortuity is the hallmark of liability insurance, incorporated into insurance policies through the definition of “occurrence.” California law adds an additional layer of complexity to the typical occurrence requirement in...more
Liability insurance written on a claims made basis is designed to protect an insured against claims asserted following the policy’s inception even if the acts giving rise to the claim took place prior to policy inception. But...more
Liability policies commonly contain exclusions precluding coverage when the insured knew or should have known that wrongful acts occurring prior to a policy’s effective date could later result in a claim. In Alps Property &...more