In June 2025, the United States Department of Labor announced a planned expansion of its opinion letter program intended to increase compliance assistance across several agencies including OSHA. The initiative is intended to reinforce OSHA’s commitment to offering valuable compliance
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No Room for Assumptions: Oregon Supreme Court Reinforces Strict Standard for Tort Waivers
As parties increasingly seek to limit liability through contractual disclaimers, the Oregon Supreme Court has issued a clear reminder: tort waivers must be stated in unmistakable terms to be enforceable. Courts will not infer a waiver from context or implication
Nebraska Supreme Court Reasons Temporary Dispossession of Aircraft Due to Civil Dispute Satisfies “Direct Physical Loss” Requirement
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
From Dock to Doorstep: Exploring Good and Bad Faith Across Land and Sea
Insurance law is, at its core, a law of relationships. Whether land-based or maritime, every policy rests on an expectation of honesty, transparency, and fairness. Yet the way the law defines good faith—and the consequences for bad faith—differs markedly depending
Texas Court Affirms No Duty to Advise on Coverage Adequacy: Key Takeaways from Century Surety’s Win
In Century Surety Co. v. EC & SM Guerra, LLC, 5:23-CV-01215-XR-RBF, 2025 WL 2602288 (W.D. Tex. Aug. 21, 2025) aff’2025 WL 2598375 (Sept. 5, 2025), the United States District Court for the Western District of Texas reaffirmed the magistrate’s report
Preserving the Scene, Preventing Delays: A Balancing Act for Joint Site Inspections
Conducting subrogation investigations is a balancing act. The need to move quickly to accommodate mitigation and repairs is balanced against the need for a proper and thorough investigation to ensure subrogation rights are preserved. Retaining experts and consultants, identifying potential
Florida Appellate Court Confirms Insurer Cannot Waive Residency Requirement in Homeowners Policy
Florida’s Fourth District Court of Appeal recently clarified the enforceability of the “residence-premises” requirement in homeowners’ insurance policies. In Universal Property & Casualty Insurance Company v. Boniface Jean, the appellate court reversed a jury verdict in favor of the homeowner,
Spread (Is) The Word…Secondary Theories of Recovery
Fires linked to homeless individuals seeking shelter on private property are no longer rare incidents. These situations raise a critical question: when does a property owner’s inaction cross the line into negligence?
The answer lies in the duty of care.
Major Pasta Recall Illustrates Issues that Could Arise Under Food Contamination Insurance Policies
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
Dents Don’t Count: Court Clarifies Hail Damage Coverage
In Cannon Falls Area Schools v. Hanover American Insurance Company (2025 WL 2976533 (D. Minn. 2025)), the United States District Court for the District of Minnesota held that a property insurer properly denied coverage pursuant to a cosmetic damage exclusion