Claims, Case Law, and Legal Articles
Latest Articles
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.
Claims Practices
Lying on an Application about Primary Residence Is Grounds for Rescission
2024-10-18 | Barry Zalma
Barry Zalma relates a recent case showing that an insured's intentional misrepresentation can result in no homeowners insurance coverage.
Construction Law
Understanding "Account Stated" for Finances and Payment Procedures
2024-08-09 | Robert J Miletsky
Robert Miletsky looks at this legal theory and explains how it can help or hurt your company in its daily construction operations.
Claims Practices
Cyber-Security Policy Requires Direct Financial Loss
2024-07-19 | Barry Zalma
Barry Zalma relates a case where coverage was not triggered for a loss involving a phishing scam.
Courts and Coverage
Even More Confusion Regarding the "Damage to Property" Exclusion
2024-06-07 | David M Knapp
David Knapp relates decisions by the Eleventh Circuit Court of Appeals that only add to the confusion.
Claims Practices
Pollution Exclusion Deters Corporations from Polluting
2024-03-29 | Barry Zalma
Barry Zalma relates a case where the insureds' dumping toxins into the city's sewer system clearly fell within the policy's pollution exclusion.
Case Law
Do Liability Policies Cover Suits Related to the Opioid Epidemic?
2024-02-21 | Jes Alexander
Learn about the ongoing battle over whether liability coverage exists for lawsuits brought by local and state governments seeking costs related to the opioid crisis, including a major recent decision out of California.
Claims Practices
Court Must Agree When Parties Agree to Appraisal
2024-01-19 | Barry Zalma
Barry Zalma relates a case involving appraisal of damages caused by Hurricane Ian.
Courts and Coverage
Breaking Coverage Case—No CGL Coverage Owed for Home Depot Data Breach
2025-01-31 | Jes Alexander
Courts and Coverage
Breaking Coverage Case—CGL Insurers Owe Coverage for Sex Trafficking Suits
2024-12-06 | Jes Alexander
Claims Practices
Lying on an Application about Primary Residence Is Grounds for Rescission
2024-10-18 | Barry Zalma
Construction Law
Understanding "Account Stated" for Finances and Payment Procedures
2024-08-09 | Robert J Miletsky
Courts and Coverage
Even More Confusion Regarding the "Damage to Property" Exclusion
2024-06-07 | David M Knapp
Case Law
Do Liability Policies Cover Suits Related to the Opioid Epidemic?
2024-02-21 | Jes Alexander
