Anyone involved in first-party property insurance claims in California has likely heard the term “Genuine Dispute Doctrine.” It is frequently discussed in bad faith litigation, yet many outside the courtroom may not fully appreciate the significant role it can play once a coverage dispute evolves into a lawsuit. The Doctrine serves as an important reminder ……

A federal court dismissed Fort Stockton Independent School District’s lawsuit against Liberty Mutual Fire Insurance Company because the court found that Liberty Mutual was not the insurer. It was the reinsurer. The court held that the policy was issued by the Political Subdivision Alliance of Texas, commonly called PSAT, and that Texas Insurance Code section ……

The Wisconsin Supreme Court’s decision in Cincinnati Insurance Company v. Ropicky 1 is important because it frames the legal dispute correctly. This was not simply a “construction defect” and “fungi” case. It was a causation, allocation, ensuing loss, policy language, and proof case. The case matters a great deal for policyholders facing water damage claims ……

Insurance law professor Daniel Schwarcz recently noted me in a LinkedIn comment to his post about a timely and important law review article he has written, Distributing Risk in an Age of AI: Procedural Bad Faith and AI Claims Handling. It is the type of article that many lawyers and judges will discuss in academic ……

For most of my career, property insurance underwriting has been understood as the business of evaluating risk. What is the building made of? Where is it located? What is its occupancy? How old is the roof? What fire protection exists? Is the building exposed to hurricane, hail, wildfire, flood, or other catastrophe risks? Has there ……