Wesley J. Gibson v. Chubb National Insurance Company 1 is an important coverage lesson for wealthy homeowners, business owners, agents, brokers, and insurers that sell high-end personal lines insurance. The decision is a reminder that the law often enforces the policy language, even when the marketing message creates a very different expectation. Gibson owned Pine …
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What Should I Send a Property Insurance Lawyer Before the First Call?
By Chip Merlin
One of the most common calls we receive starts with a frustrated policyholder saying something like this: “My insurance company is not treating me fairly. What do you need from me?” The answer is simple, but important. A good property insurance lawyer needs the facts. Not just feelings of being let down by their insurer ……
Expert Testimony Makes or Breaks a Property Insurance Case
By Jimmy DePalo
Why Expert Testimony Is Critical in Property Insurance Litigation Property insurance cases involving hurricanes, hail, wind, water, collapse, and large commercial losses often turn on expert testimony. The policy language and facts matter. But in many cases, the practical battle becomes a fight between experts. Lawyers handling these cases have to do more than simply ……
Are California Policyholders Being Asked to Pay More While Their Watchdog Is Being Put on a Leash?
By Chip Merlin
A recent E&E News article 1 caught my eye because it put a spotlight on a fight most California policyholders probably do not know is happening. The article reported that California Insurance Commissioner Ricardo Lara is seeking to change the rules governing consumer intervenors, with the practical effect of making it harder for Consumer Watchdog to ……
Nobody Sails to Hawaii Alone
By Chip Merlin
I am currently racing Merlin in the 2026 Pacific Cup. One of the most obvious lessons from this race has nothing to do with rating certificates, weather prediction, sail inventory, or boat speed. It has to do with people. Nobody sails to Hawaii alone. It is true even when the sailor has talent. Offshore racing ……
The Genuine Dispute Doctrine: A Critical Consideration in California Insurance Bad Faith Litigation
By Rob Rahmani
Anyone involved in first-party property insurance claims in California has likely heard the term “Genuine Dispute Doctrine.” It is frequently discussed in bad faith litigation, yet many outside the courtroom may not fully appreciate the significant role it can play once a coverage dispute evolves into a lawsuit. The Doctrine serves as an important reminder ……
An Insurer in Reinsurer’s Clothing?
By Chip Merlin
A federal court dismissed Fort Stockton Independent School District’s lawsuit against Liberty Mutual Fire Insurance Company because the court found that Liberty Mutual was not the insurer. It was the reinsurer. The court held that the policy was issued by the Political Subdivision Alliance of Texas, commonly called PSAT, and that Texas Insurance Code section ……
When Rain Finds a Defect, Coverage Should Not Disappear
By Chip Merlin
The Wisconsin Supreme Court’s decision in Cincinnati Insurance Company v. Ropicky 1 is important because it frames the legal dispute correctly. This was not simply a “construction defect” and “fungi” case. It was a causation, allocation, ensuing loss, policy language, and proof case. The case matters a great deal for policyholders facing water damage claims ……
Will Your Next Insurance Claim Be Denied by a Computer?
By Chip Merlin
Insurance law professor Daniel Schwarcz recently noted me in a LinkedIn comment to his post about a timely and important law review article he has written, Distributing Risk in an Age of AI: Procedural Bad Faith and AI Claims Handling. It is the type of article that many lawyers and judges will discuss in academic ……
Are Insurers Underwriting Risk or Underwriting Policyholder Independence?
By Chip Merlin
For most of my career, property insurance underwriting has been understood as the business of evaluating risk. What is the building made of? Where is it located? What is its occupancy? How old is the roof? What fire protection exists? Is the building exposed to hurricane, hail, wildfire, flood, or other catastrophe risks? Has there ……