The Ohio Supreme Court recently issued an important decision addressing the discoverability of attorney-client communications and work-product materials in insurer bad-faith litigation, holding that attorney-client communications contained within an insurer’s claim file are not automatically discoverable simply because an insured
Latest from Cozen O'Connor - Page 4
Not Every Toxic Substance Is a Pollutant: Court Rejects Effort to Shift Methanol Claims into Pollution Coverage
Insurance coverage disputes can involve unusual facts, but the facts in Parsons v. Crum & Forster Specialty Insurance Company are particularly striking. The case arose from the sale of a product marketed as grain alcohol and intended for ethanol-extraction and
Are Injuries Caused By Personal Activities Recordable Under OSHA?
In a standard interpretation letter dated January 20, 2026, OSHA addressed whether an employee who is injured at work by a fire caused by a personal rechargeable lithium-ion battery (commonly used for e-cigarettes/vapes) is recordable on the OSHA 300 log.
Court Declines to Compel Appraisal Where Coverage is Disputed
Court Declines to Compel Appraisal Where Coverage is Disputed[1]
In FutureCare Health and Management Corporation v. Affiliated FM Insurance Company, 2026 WL 1947844 (D. Md. 2026), the United States District Court for the District of Maryland held that appraisal
THE RISE OF THE DATA CENTER: A SUBROGATION BOOM!
The dramatic expansion of AI‑driven data centers is being widely discussed as a once‑in‑a‑generation underwriting opportunity. Carriers, brokers, and reinsurers are racing to deploy unprecedented capacity, parametric solutions, and layered programs designed to address the size, complexity, and speed‑to‑market demands.
Back to Basics Part 3: Give Me Liberty but Pay My Demand!
In this episode of “Subro on the Go,” regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami) are joined by their partners, Phil Carroll (Salt Lake City) and Phil Berens (LA), to continue the Back-to-Basics Series and discuss demand
The Storm Isn’t Always The Whole Story: Pursuing Subrogation Against a Roofer After Hurricane Damage
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
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