Must a policyholder wait until it exhausts its underlying insurance limits before it can sue a higher-layer excess insurer? The Supreme Court of California recently said no, reconciling a split in California case law. Fox Paine & Co., LLC v. Twin City Fire Ins. Co., No. S287404, 2026 WL 2148053 (Cal. July 27, 2026). Insured…
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The rapid adoption of generative artificial intelligence (AI) by attorneys has transformed legal research and drafting, but it has also introduced new professional liability risks. Since 2023, several courts have sanctioned attorneys who filed briefs containing fictitious judicial opinions or inaccurate legal citations generated by AI. Although these decisions have focused primarily on attorneys’ ethical…
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Recently, the United States Court of Appeals for the Eleventh Circuit issued a reminder of the limits of the jurisdictional power granted to courts of appeal. Northfield Ins. Co. v. N. Brook Indus., Inc., No. 24-13333, 2026 WL 1453206, — F.4th —- (11th Cir. May 22, 2026). An alleged sex trafficking victim filed a lawsuit…
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In times when insurance coverage rulings may appear to be trending in favor of insureds, it can be helpful to focus on those tried-and-true coverage principles that continue to be applied in favor of carriers. In Alabama, this includes case law responding to bad faith claims against insurers. Recent case law demonstrates that Alabama courts…
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Two Florida appellate courts recently affirmed that an insured’s multiple-year delay in reporting property damage violates the obligation of prompt notice to the insurer. In Camacho v. Citizens Prop. Ins. Corp., a Florida appellate court affirmed summary judgment for Citizens Property Insurance Corporation, holding that a nearly three-year delay in reporting hurricane-related property damage to…
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When an insurer attempts to limit its exposure, it must keep all of the policy in mind—not just a few discrete parts. Recently, the United States District Court for the Northern District of Texas determined that a ransomware attack did not fall within the cyber insurance policy’s “Ransomware Sub-Limit Endorsement,” and the insurer was unable…
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Insurance towers provide significant protection for many businesses. Insurance towers are comprised of a primary insurer followed by layers of excess insurers. Once the primary insurer’s policy limits have been exhausted, the first layer excess insurer takes over until its policy limits are exhausted. This process continues until the claim is paid in full or…
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Last month, the United States Court of Appeals for the Eleventh Circuit affirmed summary judgment on behalf of an insurer on grounds of untimely notice in A.B. by & through J.B. v. Barrow, No. 24-13138, 2026 WL 40906, — F.4th — (11th Cir. Jan. 7, 2026). In 2018, A.B. filed an invasion-of-privacy lawsuit against Barrow…
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The Eleventh Circuit recently solidified how the notice requirement works in claims-made policies by relying on the majority view of courts on this issue. In L. Squared Indus., Inc. v. Nautilus Ins. Co., the Eleventh Circuit affirmed summary judgment for Nautilus Insurance Company (“Nautilus”), holding that the failure to provide timely notice by the insured…
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The Eleventh Circuit recently determined that a “misappropriation exclusion” did not wholly foreclose coverage in a malpractice lawsuit stemming from a law firm’s representation of defendants facing civil foreclosure in a RICO action. Medmarc Cas. Ins. Co. v. Fellows Labriola LLP, No. 25-10837, 2025 WL 2886733 (11th Cir. Oct. 10, 2025). In doing so, the…
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