Jurisdictional Conflict Over “Related Claims”: Montana Federal Court Latest to Weigh in on When Claims Are Related

Geoffrey B. Fehling and Joseph T. Niczky | Hunton Insurance Recovery Blog A recent decision in federal court in Montana provides another example of different standards applied to assessing “related claims” under directors and officers (D&O) liability insurance policies. In this instance, the district court found that two class action lawsuits were related because they involved the… Continue reading Jurisdictional Conflict Over “Related Claims”: Montana Federal Court Latest to Weigh in on When Claims Are Related

Smaller Hail May Be More Damaging to Roofs Than Once Believed, Study Shows

William Rabb | Claims Journal A study by the Insurance Institute for Business and Home Safety found roof damage from smaller hailstones may be much more significant than previously believed. It’s a finding that one plaintiffs’ lawyer has already cited as potential support for roof claims. “This data challenges long-standing opinions by insurance company experts… Continue reading Smaller Hail May Be More Damaging to Roofs Than Once Believed, Study Shows

The Policy Period Predicament: Insureds Must Bring Claims Under the Correct Policy

Scott Keffer | Zelle Recently, the U.S. District Court for the Northern District of Texas, Dallas Division, granted an insurer’s motion for summary judgment, finding that the insured’s hail damage claim under a 2022 policy should have been brought under the prior policy in effect at the time of the alleged loss. Gann et al. v.… Continue reading The Policy Period Predicament: Insureds Must Bring Claims Under the Correct Policy

Quick Note: Liability Insurer’s Duty to Defend and Duty to Indemnify

David Adelstein | Florida Construction Legal Updates A liability insurer has two duties: a duty to defend and a duty to indemnify.  A recent insurance coverage dispute summarizes these two duties, which are critical for parties to understand and appreciate in the context of insurance coverage claims: An insurance company’s duty to defend is distinct… Continue reading Quick Note: Liability Insurer’s Duty to Defend and Duty to Indemnify

When Algorithms Deny: AI and the New Frontier of Bad Faith

Tiffany Bustamante and Abigail Horvat | Cozen O’Connor As industries across the board adopt artificial intelligence (AI), insurers have likewise recognized its potential to enhance efficiency in claims administration. Yet with this opportunity comes tension: consumers expect both swift resolution of claims and individualized attention. AI can help insurers meet those expectations, but if implemented… Continue reading When Algorithms Deny: AI and the New Frontier of Bad Faith