In the aftermath of a hurricane, property insurers often assume recovery prospects are non-existent. However, if there was recent work performed at the property, there may be subrogation potential. Recent roof work is often a major factor in exploring subrogation
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Form Complaint, Predictable Result: North Carolina Federal Court Dismisses Bad Faith Claims
A recent decision from the United States District Court for the Western District of North Carolina serves as a useful reminder for insurers in coverage litigation that a disputed coverage determination, standing alone, does not give rise to a viable
California Court Revives Bad Faith Claim Based on Alleged Claims-Handling Delay
In Bornoff v. State Farm Gen. Ins. Co., No. B339796, 2026 WL 1194424 (Cal. Ct. App. May 1, 2026), the California Court of Appeal, Second District, reversed summary adjudication of a policyholder’s bad faith claim, holding that the insurer failed
Subrogation Mixtape Vol. III
It is the long awaited third volume of the Cozen O’Connor Subrogation Mixtape. Again, our playlist covers all genres (from country to hip hop, from the golden oldies to reggae, and everything in between) with themes of fire, water, and
Court Bars Coverage for Late Notice and Pre-Notice Repairs
In Global Approach, Inc. v. Scottsdale Insurance Co., 2026 WL 1513430 (S.D. Fla. June 1, 2026), the United States District Court for the Southern District of Florida granted summary judgment to the insurer, holding that the insured’s six-week delay in
Back to Basics: The Joint Scene and Evidence Examination
In this episode of Subro on the Go, regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami) are joined by Andrew Dorr (San Diego) and Jermaine Lee (Miami) to continue our 2026 Back to Basics series where we are
Eighth Circuit Issues Split Decision on Bad Faith Claim Involving Payment of Policy Limit Five Years After Jury Verdict
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
A PRIMER ON OSHA PENALTIES
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
Insurer’s Reservation of Rights Protects its Ability to Withdraw from Insured’s Defense under New Jersey Law
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).
No Coverage, No Bad Faith: Majority of States Enforce the Threshold Requirement
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