Interpleader recognized as safe harbor under Indiana law
10/23/25
By: Jacob Berlinger and Donald Patrick Eckler
Indiana’s Supreme Court has announced major changes to the governing standards for insurance disputes in the state. In Baldwin v. Standard Fire Ins. Co., 25S-CT-00033 (2025), the court adopted Section 26 of …
9/15/25
By: William H. Buechner, Jr. and Philip W. Savrin
FMG Attorneys Phil Savrin and Bill Buechner prevailed upon the Eleventh Circuit to affirm the grant of summary judgment to the insurer on novel issues of Georgia insurance law. The case …
9/5/25
By: Cory A. Chipman and Galina Kletser Jakobson
On September 4, 2025, the Washington Supreme Court clarified the meaning of “job applicant” under the Washington Equal Pay and Opportunities Act (EPOA), RCW 49.58.110.1 EPOA seeks to improve pay transparency …
Los Angeles court finds California Fair Plan Policy coverage for smoke damage illegal
7/7/25
By: Rachel E. Hobbs
A Los Angeles County judge has found the California Fair Plan’s coverage for smoke damage to be unlawfully restrictive. In Aliff v. California Fair Plan Association, the plaintiff alleged that the policy’s smoke damage coverage …
6/3/25
By: Amy E. Frantz and Jonathan Schwartz
On May 2, 2025, the U.S. Court of Appeals for the 7th Circuit found that an insurer, Citizens Insurance Co. of America, may have a duty to defend its policyholder, Mullins Food Products …
“All-in” advancement? Insurer’s advancement gamble backfires in the eyes of Indiana Appellate Court
5/27/25
By: Thomas T. Bishop and Donald Patrick Eckler
The Court of Appeals of Indiana recently highlighted the risks of insurers advancing payment in Shelter Mutual Insurance Co. v. State Farm Mutual Automobile Insurance Co. The case arose after Lee Naylor, …
5/8/25
By: Sander Alvarez and Cody M. McNearney
The U.S. Court of Appeals for the 9th Circuit recently affirmed summary judgment that, as a matter of law, auto insurer GEICO Indemnity Company could not have breached the duty of good faith …
5/5/25
Two bills introduced in Nevada’s 2025 legislative session can potentially elevate Nevada as a forum for litigation against business entities by expanding personal jurisdiction over business entities and creating a dedicated business court.
If passed, Nevada …
Tenth Circuit clarifies scope of absolute pollution exclusion
5/5/25
The Tenth Circuit’s recent decision in Chisholm’s-Village Plaza LLC v. The Cincinnati Ins. Co. No. 23-2133, 2025 WL 1178099 (10th Cir. April 23, 2025), provides important guidance regarding the application and enforceability of absolute pollution exclusions …
Seventh Circuit seeks Illinois Supreme Court’s input on pollution exclusion in liability policy
5/1/25
By: Jason S. Callicoat and Josh W. Zhao
After a 2018 U.S. Department of Health and Human Services report about the rates of cancer in residents of Willowbrook, Illinois, due to ethylene oxide (EtO), Griffith Foods was sued by over …
Kentucky court rejects homeowners’ bad faith insurance claim
4/30/25
By: Barry M. Miller
In February, the Kentucky Court of Appeals ruled against homeowners who claimed their insurance company acted in bad faith and violated the state’s consumer protection act by initially denying coverage for water damage. Holland v. United …
Got coverage? Claims-made policies, tolling agreements and “no prior knowledge” conditions
4/23/25
In Allied World Assurance Co. (U.S.) Inc. v. Golenbock Eiseman Assor Bell & Peskoe, LLP, No. 2024-01377, 2025 WL 793350 (N.Y. App. Div. Mar. 13, 2025), a New York appellate court examined whether coverage was …