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 Starr Indemnity & Liability …
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. However, to …
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 an economic …
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 the third …
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 as …
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 to litigation based on …
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, …
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 …