7/28/26
By: Cory Chipman and Katie Graham
In Estate of Gene B. Lokken v. UnitedHealth Group, Inc., 2026 WL 658883 (D. Minn. 2026), the United States District Court for the District of Minnesota considered the scope of …
Category: Insurance Coverage and Extra-Contractual Liability
Seventh Circuit determines coverage not illusory in recent Illinois case
7/28/26
By: Austin Anderson
In a recent opinion, the Seventh Circuit, applying Illinois law, held that there was no insurance coverage under a commercial general liability (“CGL”) policy which contained a prior work exclusion despite the insured’s attempts …
A costly click: Seventh Circuit finds no coverage for executive email impersonation scheme
7/6/26
By: Jacob Berlinger
A single compromised email account can trigger millions of dollars in losses. But does that necessarily mean insurance coverage follows? In Office of the Special Deputy Receiver v. Hartford Fire Insurance Company, the Seventh Circuit …
Illinois moves toward active rate regulation: A significant shift from decades of open competition
6/2/26
For more than fifty years, Illinois has stood apart as a “file-and-use” jurisdiction, relying on market competition rather than regulatory approval to govern insurance rates. That framework emerged after the repeal of prior …
5/26/26
By: Jacob Berlinger & Patrick Eckler
On April 28, 2026, the Indiana Court of Appeals addressed a significant insurance coverage dispute arising from environmental contamination at a Louisiana shipyard designated as an EPA Superfund site.
In …
Standing to be sued, but not to fight back? Florida’s Court of Appeals says not so fast
5/21/26
By: Audrey Smith
In Florida, it is undisputed that carriers can file suit seeking a declaratory judgment of no coverage against insureds and potential third-party beneficiaries before a verdict has been obtained or settlement reached against an insured. …
Deceptive discounts are not a cognizable CPA injury
4/27/26
By: Charles Lally
The Washington Supreme Court, in an en banc answer to a certified question from the Ninth Circuit Court of Appeals, held that misrepresenting a product’s discounted price, comparative price, or price history does not create …
4/14/26
By: Gabriella Ahles
In Wagner v. Arizona Municipal Risk Retention Pool, the Arizona Court of Appeals has reiterated that third party administrators are not liable to insureds for bad faith where there is no contractual nexus between …
Broad means broad: Ohio Supreme Court compels arbitration of bad-faith claim
3/23/26
By: Spencer Sukel
If Ohio classifies a bad-faith claim-handling claim as a tort arising by operation of law, is that claim arbitrable? As of November 2025, the Supreme Court of Ohio says yes, it is—at least so long …
Authorized emissions, denied coverage: A landmark ruling in Griffith Foods
2/27/26
By: Ryne Sack and Jonathan Schwartz
In a seminal decision, the Illinois Supreme Court held that a permit or regulation authorizing certain emissions has no bearing on the application of a liability insurance policy’s pollution exclusion …
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 …
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 …