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Practice Area: Coverage

ALABAMA SUPREME COURT BROADLY APPLIES PROFESSIONAL SERVICES EXCLUSION TO PRODUCTS LIABILITY CLAIM

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The Alabama Supreme Court recently addressed the scope of a professional services exclusion in OMS Pharmacy, Inc., d/b/a/ The Pharmacy at Midtown; and Hannah D. Browne v. Nationwide Property and Casualty Insurance Company; Baldo-Downs Insurance, LLC; and Roger Downs, Inc., SC-2025-0165, SC-2026-0437 (pending formal revision for publication). Specifically, the Court considered whether the exclusion applied…
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AI HALLUCINATIONS AND LEGAL MALPRACTICE: ACCOUNTABILITY MATTERS

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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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THE ELEVENTH CIRCUIT ISSUES REMINDER OF THE LIMITS ON APPELLATE JURISDICTION

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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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COURTS CONTINUE TO AFFIRM THAT EXTENDED DELAYS IN REPORTING PROPERTY DAMAGE UNDER A POLICY VIOLATES THE OBLIGATION OF PROMPT-NOTICE

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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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AMBIGUOUS POLICY LANGUAGE COSTS MILLIONS

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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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TOPPLING THE TOWER: TWO WORDS WHICH MIGHT CAUSE YOUR INSURANCE TOWER TO COLLAPSE

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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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