Claims, Case Law, and Legal Articles

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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

Failure to Read Policy Proves Fatal to Claim

2025-07-15 | Barry Zalma

The Georgia Court of Appeals holds that ignorance of underinsured motorist coverage for a pedestrian hit by a car is inexcusable. Barry Zalma relates the case.

Courts and Coverage

Breaking Coverage Case—Oregon High Court Issues Major Construction Defect Ruling

2025-05-30 | Jes Alexander

The Oregon Supreme Court held that a commercial general liability (CGL) policy may provide coverage for construction claims against a general contractor, even where the underlying claim alleged only a breach of contract and not negligence. The court held that, despite the breach of contract labels, construction defects might have resulted from negligent conduct that a CGL policy would cover.

Claims Practices

Lawyer Convicted of Workers Compensation Fraud

2025-04-25 | Barry Zalma

Barry Zalma relates a California case where a jury convicted the plaintiff of 37 felony counts of fraud, but, on appeal, his conviction was partially reversed to the Williamson rule.

Courts and Coverage

Breaking Coverage Case—California Court Rules No Coverage for Wildfire Smoke Losses

2025-02-27 | Jes Alexander

Learn about a California appellate court ruling holding that homeowners claiming smoke damages from a wildfire were not entitled to coverage under their homeowners policy.

Claims Practices

How and Why California Killed Third-Party Bad Faith

2025-01-31 | Barry Zalma

Barry Zalma discusses the reversal of the 1979 "Royal Globe" case in 1988 by the California Supreme Court and its ramifications.

Courts and Coverage

Breaking Coverage Case—No CGL Coverage Owed for Home Depot Data Breach

2025-01-31 | Jes Alexander

Learn about the court ruling upholding the denial of commercial general liability (CGL) coverage for Home Depot following a significant data breach. This case highlights the limitations of traditional liability policies in covering cyber risks and the importance of specialized cyber insurance. (Links to policies provided.)

Courts and Coverage

Breaking Coverage Case—CGL Insurers Owe Coverage for Sex Trafficking Suits

2024-12-06 | Jes Alexander

This article examines recent court rulings where commercial general liability (CGL) insurers were found to owe a duty to defend in cases involving sex trafficking suits.