Cozen O'Connor

Website: https://www.cozen.com/
Follow:

Cozen O'Connor Blogs

Avoiding Insurance Bad Faith
Casualty Coverage Chronicle
Cyber Law Monitor
Get the Dirt
Green Building Law
Health Law Informer
Lawyers Representing Lawyers
OSHA Chronicle
Property Insurance Law Observer
Subrogation & Recovery Law Blog

Blog Authors

ABCDEFGHIJKLMNOPQRSTUVWXYZ
Jennifer A. Brandt
Alycen A. Moss
Karl A. Schulz
Mark A. Talise
Hugh J. Algeo IV
Leigh Ann Benson
Donnie Mike Apodaca II
Luciana Aquino

Latest from Cozen O'Connor

In Scobee v. USAA Casualty Insurance Co., 168 F.4th 507 (8th Cir. 2026), the United States Court of Appeals for the Eighth Circuit issued a split decision on whether a rational factfinder would find an insurer’s conduct outrageous and in bad faith for offering to pay the policy limit in full satisfaction of a judgment…

OSHA penalties normally increase annually on January 15 of each year to account for inflation. These adjustments are designed to ensure that penalties remain aligned with the Consumer Price Index (“CPI”). Currently, the maximum penalties for serious, and other-than-serious posting requirements is $16,550 per violation; $16,550 per day for failure to abate violations; and $165,514…

The New Jersey Supreme Court recently upheld an insurer’s coverage denial and withdrawal from the insured’s defense because the insurer properly and timely reserved its rights. Mist Pharmaceuticals, LLC v. Berkley Insurance Company, Docket No. 089689 (May 11, 2026).

The Claim

Mist Pharmaceuticals, LLC (“Mist”) and one of its directors were sued for certain…

One of the most settled—but frequently litigated—principles in insurance law is that bad‑faith liability is derivative of coverage. In general, an insurer cannot be liable for bad faith where it did not owe coverage or benefits under the policy in the first place. Two recent federal decisions, applying Illinois and California law respectively, reinforce this…

SB 800, California’s Right to Repair Act, establishes prelitigation procedures and standards for residential construction defect claims to streamline resolution between homeowners and builders. Before filing a lawsuit, the SB 800 requires homeowners to provide builders with written notice and an opportunity to repair construction defects. Because subrogation is derivative, insurers must ensure compliance with…

In 5th and Main Condominium Association, Inc. v. Great American Insurance Company of New York, 2026 WL 1103277 (M.D. Tenn. 2026), the United States District Court for the Middle District of Tennessee denied the insured’s motion to compel discovery seeking information about alleged “mismatched exclusions” contained in other insurance policies issued by the insurer. The…

The District of Columbia’s Board of Zoning Adjustment (BZA) plays an outsized role in shaping neighborhoods, housing outcomes, and development timelines. The BZA is an independent, quasi‑judicial body responsible for hearing zoning variances, special exceptions, and appeals of decisions made by the Zoning Administrator at the Department of Buildings. For developers navigating atypical site constraints,…

The short answer is regulatory limbo. OSHA’s Heat Stress rule, called “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings,” was part of the Spring 2025 Regulatory Agenda. OSHA also held public hearings in mid-2025 and ended the post-hearing comment period in October of last year. The Agenda did not provide a specific…

In the insurance industry, insurers often maintain split files for complex liability claims as an administrative control that enables their defense of an insured(s) while simultaneously investigating coverage issues. While some insurers maintain split files for all claims, others may do so on a claim-by-claim basis or upon request from the insured(s) if warranted under…