The Indiana Supreme Court’s decision in Baldwin v. Standard Fire Ins. Co., 269 N.E.3d 1197 (Ind. 2025) provides clarity for insurers confronted with competing claims that exceed policy limits. In a matter of first impression, the Court held that declining
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The Tale of Two Torts: Inverse Condemnation and Negligence
When pursuing a subrogation claim for property damages against a public entity, the claimant carrier must evaluate its potential causes of action (i.e., theories of liability). Two common tort actions, with their differences often misunderstood, are inverse condemnation and negligence.
FDA Outlines Flexible Requirements to Support Cell and Gene Therapy Innovation
The FDA recently shared information regarding its flexible approach to overseeing chemistry, manufacturing, and control (CMC) requirements for cell and gene therapies (CGT). Due to the unique nature of the characteristics of CGT, regulatory flexibility must be adapted in a
Court Says Ensuing Loss Requires More Than Increased Susceptibility
In Stella Property Development and Event Production, LLC v. Auto-Owners Insurance Company, 2026 WL 221489 (W.D. Pa. 2026), the United States District Court for the Western District of Pennsylvania denied summary judgment as to the applicability of the subject property
DOL Follows Through On Use Of OSHA Standard Interpretation Letters
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
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