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
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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
Understanding California’s SB 800: The Right to Repair Act
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
Court Rejects Discovery Into Other Policies in Tornado Coverage Dispute
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
A Board in Limbo: Vacancies on the D.C. Board of Zoning Adjustment and the Nomination of Paul Goldstein and Michelle Pourciau
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
What’s the Status of OSHA’s Heat Stress Rule?
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
Texas Supreme Court Recalibrates Review of Noneconomic Damages
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
One Claim, Two Lenses: Legal and Practical Implications of Splitting The Claim File
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