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).
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
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
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
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
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
Recent Texas appellate decisions reflect an increased scrutiny of large awards for noneconomic damages. Together, Gregory v. Chohan, Exxon Mobil Corp. v. Brown, and Jones v. Hatch reflect an emerging trend: noneconomic damages must be grounded in the evidentiary record
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
When luxury or collector vehicles are placed on consignment for sale, the lines of responsibility can become blurred if a loss occurs. This blurred line was illustrated in a recent claim involving two Porsche 911 GTS GT3 RSs valued at
OSHA does not have a specific rule that addresses workplace violence in general industry or health care, although it has long discussed the need for such rules. During the Biden Administration some progress was made to advance a workplace violence
