Asbestos fibers, chemical fumes, environmental pollutants—what do they have in common? They all involve injuries that manifest over time and are continuously at the center of the complex exposure trigger debate…
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/ Insurance, Products Liability, Toxic Torts
In a recent decision, Gray v. Philadelphia Contributionship, 748 F. Supp. 3d 367 (D. Md. 2024), U.S. District Judge James K. Bredar granted a policyholders’ motion to compel appraisal and stayed litigation in a diversity action…
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/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Insurance
The United States Fifth Circuit Court of Appeals recently affirmed summary judgment granted by the bankruptcy court in favor of commercial property insurer in a Winter Storm Uri claim, holding that the insured motel owners could…
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/ Bankruptcy, Civil Procedure, Commercial Law & Contracts, Insurance
In Iyengar v. Liberty Insurance Corporation, No. SA-21-CV-1091-FB, 2024 WL 5505300 (W.D. Tex. Dec. 13, 2024), District Judge Biery denied Plaintiffs’ Motion for Clarification regarding Magistrate Judge Bemporad’s interpretation…
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/ Civil Procedure, Commercial Law & Contracts, Insurance
A New York Appellate Court faced an interesting situation on March 26, 2025, when a pro se litigant, Jerome Dewald, attempted to use an AI avatar as his counsel to argue for a reversal of the lower court’s decision in an…
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/ Civil Procedure, Insurance, Labor & Employment Law, Science, Computers, & Technology
A Jan. 13 decision out of the U.S. Court of Appeals for the Sixth Circuit is one more nail in the coffin of "silent cyber."
In Home Depot Inc. v. Steadfast Insurance Co., the federal appellate court agreed with the lower…
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/ Civil Procedure, Commercial Law & Contracts, Insurance, Science, Computers, & Technology
At this point, your IT department has almost certainly warned you to approach your e-mail inbox with skepticism--for good reason. Cybercriminals regularly and effectively impersonate our legitimate contacts for illegitimate…
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/ Finance & Banking, Insurance, Science, Computers, & Technology
On December 4, 2024, the Ninth Circuit upheld the District Court’s denial of the American Booksellers Association’s motion to intervene in an antitrust suit brought against Amazon.com by the FTC and 19 states. The Ninth Circuit…
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/ Antitrust & Trade Regulation, Civil Procedure
On January 24, 2025, Judge Donato granted Meta’s motion to exclude the opinions of user plaintiffs’ expert on antitrust injury. Finding that the class certification motion depended on the expert opinions offered by Dr…
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/ Antitrust & Trade Regulation, Civil Procedure
The Los Angeles area fires that started in early January have destroyed thousands of homes and businesses throughout the region. The fires triggered ongoing evacuation orders and warnings as communities coped with dangerous…
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/ Commercial Law & Contracts, Business Torts, Insurance
In Michael Mitchell v. USAA General Indemnity Company, No. 09-23-00042-CV, 2025 WL 635235 (Tex. App.—Beaumont Feb. 27, 2025, no pet.), the appellate court affirmed dismissal of all Plaintiff’s claims with prejudice, finding that…
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/ Business Organizations, Business Torts, Civil Procedure, Insurance
In Fif Engineering, LLC v. Pacific Employers Ins. Co., No. 24-665, 2025 WL 593384 (S.D. Tex. Feb. 24, 2025), a United States District Court for the Southern District of Texas, Houston Division, granted an insurer’s motion to…
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/ Civil Procedure, Commercial Law & Contracts, Insurance
A recent case out of Colorado highlights the continued attack on the attorney-client privilege during the claim adjustment process. In In re: Hill Hotel Owner, LLC v. Hanover Insurance Company, 557 P.3d 798 (Colo. Oct. 29,…
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/ Civil Procedure, Commercial Law & Contracts, Insurance
As a question of first impression, The United States District Court for the Northern District of Texas analyzed whether issuing pre-suit notice to a third-party adjuster satisfies Section 542A.003(a) of the Texas Insurance Code…
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/ Civil Procedure, Commercial Law & Contracts, Insurance
There’s a new insurer in town – an artificial intelligence-driven parametric insurer, Mythen.
Founded by insurance technology veteran Sandra DeSilva, Mythen “combines advanced AI, machine learning, and remote sensing to…
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/ Finance & Banking, Insurance, Science, Computers, & Technology
