John A. Knapp and Brandon Batchelor | Stinson On June 1, 2026, the Minnesota Court of Appeals issued a decision in Fabyanske, Westra, Hart & Thomson, P.A. v. Western National Mutual Insurance Company, in which the court held that a conflict of interest on the part of counsel hired by an insurance carrier can entitle an… Continue reading Minnesota Court of Appeals Holds that an Insurer’s Reservation of Rights Can Entitle an Insured to Select Independent Counsel
Category: Insurance
Court Rejects Discovery Into Other Policies in Tornado Coverage Dispute
Joshua Tumen and Marissa Cunha | Property Insurance Law Observer In 5th and Main Condominium Association, Inc. v. Great American Insurance Company of New York, 2026 WL 1103277 (M.D. Tenn. 2026), the United States District Court for the Middle District of Tennessee denied the insured’s motion to compel discovery seeking information about alleged “mismatched exclusions” contained… Continue reading Court Rejects Discovery Into Other Policies in Tornado Coverage Dispute
Appraisal on Trial: Florida Courts Draw Sharper Lines on Award Authority
Michael Shifrin | Bressler, Amery & Ross For decades, appraisal has been a central feature of Florida property insurance disputes. Designed to resolve disagreements over the amount of loss, appraisal was never intended to displace litigation altogether. In recent years, appraisal has become far more contested. Courts are now scrutinizing appraisal awards more closely, carriers… Continue reading Appraisal on Trial: Florida Courts Draw Sharper Lines on Award Authority
No Coverage, No Bad Faith: Majority of States Enforce the Threshold Requirement
Michael Weiss | Cozen O’Connor One of the most settled—but frequently litigated—principles in insurance law is that bad‑faith liability is derivative of coverage. In general, an insurer cannot be liable for bad faith where it did not owe coverage or benefits under the policy in the first place. Two recent federal decisions, applying Illinois and… Continue reading No Coverage, No Bad Faith: Majority of States Enforce the Threshold Requirement
Why AI Risk Needs Its Own Insurance Conversation
Kathryn Rattington | Robinson + Cole Many insurers, and the businesses they cover, are still treating artificial intelligence (AI) risk as if it were cyber risk cloaked in a costume. That instinct is understandable since AI systems process data, rely on vendors, create operational dependencies, and sit inside digital infrastructures. However, early litigation is showing… Continue reading Why AI Risk Needs Its Own Insurance Conversation