Claims, Case Law, and Legal Articles
Latest Articles
Courts and Coverage
The Real Crisis—Nuclear Settlements
2026-07-31 | Doug Marcello
Fearing a nuclear verdict, defendants veer toward settling rather than risking trial. Doug Marcello looks at the trend and its implications.
Claims Practices
Million-Dollar Roundup Verdict Reversed by SCOTUS
2026-07-10 | Barry Zalma
Barry Zalma relates the June 2026 US Supreme Court decision regarding a state-law failure-to-warn claim.
Construction Law
Fighting Phony Insurance Claims
2026-05-18 | Robert J Miletsky
Insurers may pay suspect claims because it's cheaper than litigating them, but this encourages the filing of even more dubious claims. Robert Miletsky looks at the reality of this situation and suggests a change in tactics.
Claims Practices
Portable Storage Extension Held to Limit Coverage for Fire Loss
2026-04-24 | Barry Zalma
Barry Zalma relates a New York case holding that the loss to the plaintiffs' inventory was not covered under the businessowners policy.
Claims Practices
California Court Rules "Sudden" Is the Opposite of "Gradual"
2026-01-30 | Barry Zalma
Barry Zalma relates a case where the court refused to allow extrinsic evidence to interpret the word "sudden" in qualified pollution exclusions as including gradual but unexpected pollution.
Courts and Coverage
A Successful Trial Starts with the End
2026-01-30 | Doug Marcello
The closing argument should never be left as a final thought; it should be a guiding document. Doug Marcello explains.
Courts and Coverage
AI Can Define "Standard of Care" in the Courtroom
2025-10-31 | Doug Marcello
Doug Marcello looks at how artificial intelligence (AI) can be used in the courtroom to help eliminate bias by offering data-driven reality.
Claims Practices
Intentional Injury Not Dischargeable in Bankruptcy
2025-10-28 | Barry Zalma
Bankruptcy is not available to protect a person from their intentional and willful acts. Barry Zalma relates a recent case on the issue.
Courts and Coverage
Texas Supreme Court Gets It Right: Trucker Was Not the Proximate Cause of the Accident
2025-07-25 | Doug Marcello
Doug Marcello relates a case where the trucker was (finally) determined not to be the proximate cause of an accident.
Courts and Coverage
Breaking Coverage Case—"Additional Named Insured" Not Enough for Owner Under Builders Risk Policy
2025-07-16 | Jes Alexander
The Eighth Circuit Court of Appeals affirmed summary judgment for Travelers, holding that a property owner could not recover for lost rental income or soft costs under a builders risk policy because it was only an "additional named insured" and not the "named insured" under the policy. The court held that the policy limited coverage for such losses to the "named insured" only.
Claims Practices
Portable Storage Extension Held to Limit Coverage for Fire Loss
2026-04-24 | Barry Zalma
Claims Practices
California Court Rules "Sudden" Is the Opposite of "Gradual"
2026-01-30 | Barry Zalma
Courts and Coverage
Texas Supreme Court Gets It Right: Trucker Was Not the Proximate Cause of the Accident
2025-07-25 | Doug Marcello
Courts and Coverage
Breaking Coverage Case—"Additional Named Insured" Not Enough for Owner Under Builders Risk Policy
2025-07-16 | Jes Alexander
