In the recent decision of StarStone National Insurance Company v. Golf Argonomics Supply & Handling Co., 2026 WL 245860 (M.D. Fla. Jan. 10, 2026), the Court granted StarStone’s motion for judgment on the pleadings ruling that a broader automobile exclusion in a follow form excess policy controlled over the automobile exclusion in the commercial liability…

In a recent Nebraska Supreme Court decision, U.S. Specialty Insurance Co. v. DSA Avionics Unlimited, LLC, 320 Neb. 287, 26 N.W.3d 761 (2025), the court reasoned that interpretation of “direct physical loss” includes physical dispossession of property, regardless of whether 1) the property was ultimately returned and 2) the insured knew who had the property…

Since June, the FDA, USDA and CDC have been investigating a multistate outbreak of Listeria monocytogenes infections linked to prepared meals. In September, the outbreak was traced to a supplier of pre-cooked pasta, Nate’s Fine Foods. Even so, Nate’s Fine Foods reports that thorough inspections and testing at its facility have come back negative. As of October…

The Texas Supreme Court’s recent decision in In re East Texas Medical Center Athens, 712 S.W.3d 88 (Tex. 2025), addresses a recurring issue in workplace injury litigation: whether a nonsubscribing employer may designate responsible third parties under the proportionate responsibility statute in employee negligence suits. This ruling clarifies the interplay between the Workers’ Compensation Act and…

The coverage dispute in Home Depot, Inc., et al v. Steadfast Insurance Company, et al. arises out of a 2014 data breach of millions of Home Depot’s customers’ payment information. As a result of the breach, the financial institutions needed to cancel and replace the effected cards. Subsequently, these financial institutions filed a class action…

While not often in the limelight, standard business practice relies on service contracts and, in turn, risk transfer through those contracts. Critical issues can arise regarding whether a party seeking additional insured coverage is actually an additional insured, and if so, the amount of policy limits available. As extreme jury awards, or “nuclear verdicts,” become…

“We cannot enforce insurance provisions that render coverage so narrow it is illusory.”[1]  The Washington Supreme Court used this reasoning to hold that a contractor’s commercial general liability policy was unenforceable where it required that an “occurrence” occur and a claim be made and reported to the insurer in the same year.

According…