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Instant Insights

Instant Insights / Legal Issues in Insurance

The legal and insurance industries share a unique relationship - one that works for and, at times, against each other. This collection of articles addresses key and emerging issues overlapping the law and insurance sectors.

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  • Best Practices

    Are insurers prepared for the COVID-19-related litigation avalanche?

    Gary Markham | November 11, 2020

    In the U.S., 1,295 cases are working their way through the court system, and insurers should expect more to come.

  • Best Practices

    How brokers can avoid legal liability in the era of COVID-19

    Kelli L. Sullivan and Nicholas Stewart | October 28, 2020

    Here are some tips to help brokers avoid liability while handling COVID-19 claims.

  • News

    Court: Broker not liable for COVID-19 business interruption claim denial

    Christopher P. Leise and Marc L. Penchansky | October 20, 2020

    The case is one of the first to consider insurance producer liability in COVID-19 lawsuits.

  • Commentary

    What is the right size of a verdict?

    Ilya E. Lerma and Charles "Chuck" Bennett | October 15, 2020

    For insurance companies, the value of a human life is a cost that can be measured and calculated.

  • Expert Opinion

    Social inflation in the U.S. and globally

    Larry Crotser | October 02, 2020

    Nuclear verdicts are rare in Canada but growing in Australia and other countries, partly due to litigation funding.

  • Load More Stories
  • Analysis

    Lawsuit over commercial coverage may impact COVID-19 litigation

    Irene Thaler | October 01, 2020

    A Miami restaurant may now become center stage for 'direct physical loss' arguments in COVID-19 cases.

  • News

    Former AIG in-house attorney sues insurer for illegal termination

    Ellen Bardash | September 04, 2020

    In a new complaint, Aaron Katzel accuses AIG's actions of being in response to his reporting of unlawful behavior by employees.

  • Analysis

    Court splits on $21M bad-faith verdict against Nationwide

    Max Mitchell | September 04, 2020

    The Penn. Supreme Court deadlocked in its decision of the verdict previously deemed an 'an assault on the [insurance] industry.'

  • Slideshow

    A closer look: Coronavirus insurance lawsuit trends

    Hannah Smith JD | September 04, 2020

    Although these claims cover a wide range of industries, the dominant insurance coverage conflict is the same.

  • Podcast

    Insurance Speak: Preparing for the deposition hot seat

    Patricia L. Harman | July 29, 2020

    Insurance claims that evolve into legal actions may require adjusters and claims executives to be deposed. Here’s what you need to know to prepare.

  • Load More Stories
  • News

    Court dismisses COVID-19 'fear cases' against Princess Cruises

    Hannah Smith JD | July 21, 2020

    The plaintiffs did not test positive for the virus but sought to recover damages based solely on a fear of contracting COVID-19.

  • News

    State Farm sidesteps attorney misconduct in injury lawsuit

    Raychel Lean | July 17, 2020

    A Florida judge initially determined that State Farm’s lawyers were guilty of misconduct. An appeals court has reversed that decision.

  • News

    Insurer wins in one of the first U.S. COVID-19 coverage rulings

    Hannah Smith JD | July 07, 2020

    The landmark ruling supports what insurers have argued since the start of the pandemic: COVID-19 does not cause 'physical damage.'

  • Infographic

    Insurers settled these cases for millions

    Heather A. Turner | July 07, 2020

    More and more juries are delivering 'nuclear verdicts' in cases against insurers.

  • Commentary

    TPAs can minimize the impact of nuclear verdicts in the trucking industry

    Keith Dunlap | June 29, 2020

    A nuclear verdict is typically defined as jury awards that exceed $10 million.

  • Load More Stories
  • Investigation

    Florida lawyer accused of misconduct in insurance litigation

    Raychel Lean | June 22, 2020

    The complaint alleges a second attorney at a law firm 'betrayed his ethical obligations' to 'enrich himself at the clients’ expense.'

  • News

    Amazon's products liability case heads to Penn. Supreme Court

    Zack Needles | June 12, 2020

    The state's high court will weigh in on whether Amazon is strictly liable for a third-party vendor's defective product.

  • Infographic

    Most expensive premises liability verdicts

    Heather A. Turner | June 12, 2020

    These cases involve serious injuries and incidents that occurred at a variety of properties, from a carnival to a drugstore parking lot.

  • News

    Court revives bad faith suit against State Farm over wildfire damage

    Ross Todd | June 11, 2020

    The decision is a blow to insurers who have relied on the so-called “genuine dispute” doctrine to knock out bad faith claims pretrial.

  • News

    Willis Towers Watson faces lawsuits connected to Aon deal

    Heather A. Turner | June 09, 2020

    The complaints allege that Willis issued a 'materially misleading proxy statement' to shareholders surrounding its proposed Aon merger.

  • Load More Stories
  • News

    Plaintiffs claim insurers are taking advantage of COVID-19-related delays

    Robert Storace | June 03, 2020

    Personal injury attorneys are accusing insurers of using COVID-19-related court closures to leverage settlements.

  • News

    P&C Legislative Round-Up: June 2020

    Heather A. Turner | June 01, 2020

    From a new pandemic act to bills addressing insurance fraud, here are the latest insurance-related legislative updates from around the U.S.

  • Infographic

    These auto accidents led to major verdicts and settlements

    Heather A. Turner | May 28, 2020

    Nuclear verdicts have increased dramatically in motor vehicle claims cases. Here are 20 of the most significant incidents.

  • News

    AXA vows to pay COVID-19 claims after losing French court battle

    Heather A. Turner | May 26, 2020

    The decision could set a global precedent for coronavirus-related claims disputes.

  • News

    Insurance competitors file $30M 'employee poaching' lawsuit

    Hannah Smith JD | May 19, 2020

    The suit filed by Applied Underwriters' Centauri targets Wellington Insurance and former employees for breach of contract.

  • Load More Stories
  • Expert Opinion

    Court opinion finds COVID-19 qualifies as a natural disaster

    Joann M. Lytle and Jennifer Black Strutt | May 22, 2020

    A Pennsylvania Supreme Court decision may help policyholders seeking coverage for COVID-19 losses.

  • Analysis

    Litigating with insurers can be an endless game of chicken

    Raychel Lean | May 21, 2020

    Natural adversaries, insurance companies and plaintiffs attorneys appear stuck in a back and forth game.

  • Commentary

    How online mock trials benefit insurers' corporate counsel

    Juli A. Adelman | May 15, 2020

    Taking the time to conduct an online mock trial prior to settlement can lead to monumental insurance company savings.

  • Case Study

    Montrose v. Calif. Supreme Court: 'A major victory for policyholders'

    Hannah Smith JD | May 04, 2020

    After 31 years of litigation, the California Supreme Court finally issued what has been deemed a groundbreaking ruling.

  • Slideshow

    6 types of employment lawsuits to expect in the wake of COVID-19

    Emily Payne | April 24, 2020

    Employers should pay close attention to these categories to ensure their actions don't trigger more trouble down the road.

  • Load More Stories
  • Analysis

    Can an insurer avoid bad faith by first settling, then suing?

    Hannah Smith | March 30, 2020

    The 10th Circuit U.S. Court of Appeals recently affirmed the ruling of the lower court, in a win for insurers.

  • Case Study

    Court's UIM ruling could send Pa. auto insurers scrambling

    Zack Needles | March 13, 2020

    Plaintiff Frank Slupski's attorney said commercial policies like the one at issue in this case are the standard in Pennsylvania.

  • Market Insights

    Stemming the tide of social inflation

    Patricia L. Harman | March 11, 2020

    Runaway jury verdicts have been on the rise for 10 years, and their impact is apparent in claims that go to trial — there is a perception that someone must pay.

  • Analysis

    What legal issues are involved when insurance giants merge?

    Meganne Tillay | March 10, 2020

    The Aon and Willis merger will create one of the world's largest brokerages. Why were so many law firms hired, and what issues did they address?

  • Case Study

    Court: Estoppel coverage can be created if defense prejudices the insured

    Walter J. Andrews, Michael S. Levine and Yaniel Abreu | February 26, 2020

    When insurers defend their insureds against lawsuits, it's important for attorneys and their clients to remain vigilant of the insurer’s conduct.

  • Load More Stories
  • Analysis

    Court ruling sets new precedent on cyberattack losses and BOP coverage

    Hannah Smith | February 17, 2020

    A U.S. District Court discusses whether a businessowners policy should cover losses from a ransomware attack.

  • Q&A

    Risks that should be top-of-mind for general counsel this year

    Sue Reisinger | January 30, 2020

    Cyber, data privacy and diversity are among the top concerns for corporate counsel in 2020.

  • Case Study

    Geico challenges 'fundamentally unfair' $2.1M judgment

    Greg Land | December 17, 2019

    Geico's lawyer pushed back against the default judgment, arguing that the insurer had no knowledge of the case.

  • Analysis

    How insurers' legal teams are using data tools to fight megaverdicts

    MP McQueen | December 03, 2019

    The insurance industry is leading the pack when it comes to using this “Moneyball” approach to litigation and financial services.

  • News

    $21M bad faith verdict against Nationwide 'an assault on the industry'

    Max Mitchell | November 21, 2019

    In 2014, a judge issued a $21M bad-faith verdict against Nationwide in a case the Pa. Supreme Court took up in April 2019.

  • Load More Stories
  • Analysis

    Big verdicts rise sharply in trucking accidents in southeastern states

    MP McQueen | November 21, 2019

    CaseMetrix LLC CEO Alan Pershing believes big verdicts may be a self-perpetuating phenomenon.

  • Analysis

    Insurers implement game logic in the face of megaverdicts

    MP McQueen | October 17, 2019

    Juries are becoming unpredictable. That's changing how companies assess risks around litigation.

  • Analysis

    'Jurors want to punish': An analysis of the $8B verdict against J&J

    Amanda Bronstad | October 17, 2019

    Legal experts list a host of reasons for larger jury awards such as the $8 billion Risperdal verdict last week.

  • Market Insights

    Fretting over high-dollar verdicts, Senate panel ponders legislative fixes

    Greg Land | October 09, 2019

    A recent slew of multimillion-dollar "nuclear verdicts" has raised a red flag among the defense bar.

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