2/11/26
A recent opinion from the Georgia Court of Appeals enforced a settlement agreement under the 2024 version of O.C.G.A. § 9-11-67.1.
The underlying facts of this case arise out of a motor vehicle accident involving Abriel Torres, …
Category: Insurance Coverage and Extra-Contractual Liability
Revisiting Koikos: The Eleventh Circuit re-interprets the word “occurrence”
11/21/25
By: Christian Gunneson and Alexia Roney
In the aftermath of the Parkland school shooting in 2018, victims filed over sixty lawsuits against the Broward County Sheriff’s Office (“BCSO”) for failing to secure Marjory Stoneman Douglas High School.
The BCSO tendered …
Causation is disputed – that’s why Florida’s Second DCA is keeping the (bad) faith instruction
11/11/25
By: Jessica Cauley
On September 19, 2025, Florida’s Second District Court of Appeals affirmed a final judgment in favor of Florida Farm Bureau General Insurance Company (“FFB”) in an extra-contractual action. The case arose out of a fatal accident on …
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 …