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 …
Category: Insurance Coverage and Extra-Contractual Liability
“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 …
Georgia Court of Appeals decides “resident relative” determination is for the jury
4/16/25
By: Mallory D. Ball
The Georgia Court of Appeals held in Allred v. Progressive County Mutual Insurance Co. that residence and domicile – and, in turn, whether a person qualifies as a “resident relative” under an insurance policy – typically …
4/8/25
By: Rachel E. Hobbs
The Ninth Circuit Court of Appeals recently re-affirmed that when a property policy mandates an appraisal, the insured lacks standing to sue the insurer until the appraisal is complete. In 50 Exchange Terrace LLC v. Mount …
Sixth Circuit Court of Appeals affirms denial of coverage for data breach under CGL policies
3/27/25
By: Kyle A. Ference
In Home Depot, Inc. v. Steadfast Ins. Co., the U.S. Court of Appeals for the Sixth Circuit recently applied Georgia law in ruling that a commercial general liability (CGL) insurance policy did not provide coverage …
3/25/25
House Bill 1518, introduced during Washington’s State House of Representatives 2025-2026 Regular Session, would establish a presumption of negligence in a tort action upon the driver in a collision between a “major motor vehicle”—defined as “any …