Steven D. Allison, Sheila Z. Chen, Terrence R. McInnis, Samrah Mahmoud, Brooke Lindsey and Christy Markos | Troutman Pepper Locke Key Points On July 27, 2026, the California Supreme Court issued a significant opinion in Fox Paine & Company, LLC v. Twin City Fire Insurance Company, No. S287404, with important implications for excess insurers. In a unanimous decision… Continue reading California Supreme Court Allows Declaratory Relief and Bad Faith Claims to Proceed Against Excess Insurers Before Underlying Exhaustion
Category: Insurance
Client Alert: The New AI Coverage Fight: Exclusions, Endorsements, and Denied Claims
Brian Focht | Shumaker, Loop & Kendrick Many businesses are adopting artificial intelligence (AI) under the familiar assumption that if something goes wrong, insurance will help absorb the loss. That assumption may need revision. As with cybersecurity and cyber liability insurance a decade ago, the insurance industry is doing something it doesn’t like doing: paying… Continue reading Client Alert: The New AI Coverage Fight: Exclusions, Endorsements, and Denied Claims
Insurance Claims Deserve Better Than an Algorithm’s Opinion
Alexander Bein, Andrew Gann, Armina Manning and Sandra Smith Thayer | McGuireWoods Policyholders increasingly turn to artificial intelligence (“AI”) platforms to answer insurance coverage questions. This is risky because: (1) AI models hallucinate legal content at alarming rates; and (2) AI cannot apply nuanced, fact-specific and jurisdiction-specific legal analysis. As OpenAI Foundation recently acknowledged, “ChatGPT… Continue reading Insurance Claims Deserve Better Than an Algorithm’s Opinion
Eighth Circuit Reinterprets “Cosmetic Damage Exclusion” in Property Insurance Claims
Advise & Consult, Inc. Case: Cannon Falls Area Schools, ISD 252 v. The Hanover American Insurance Company (8th Cir. July 27, 2026) Core Issue: Interpretation of policy endorsements excluding “cosmetic damage” caused by hail to standing-seam metal roofs. Key Takeaways Background & Lower Court Ruling Following an April 2022 hailstorm, Cannon Falls Area Schools sustained… Continue reading Eighth Circuit Reinterprets “Cosmetic Damage Exclusion” in Property Insurance Claims
Evaluating the Independence of Insurer-Retained Experts
Advise & Consult, Inc. I. Scrutiny of Insurer-Retained Experts In first-party property litigation, the objectivity of carrier-retained experts—including engineers and technical consultants—is a material factor in evaluating claim determinations. Frequent retention by a single insurer may create financial dependencies that subtly or overtly influence technical findings. II. Indicators of Potential Bias Indicia of carrier influence… Continue reading Evaluating the Independence of Insurer-Retained Experts