CLM’s Transportation Community regularly gathers claims, risk, and legal experts in the transportation field to discuss trends in the industry. In this edition, moderator James Foster leads a discussion on pre-suit strategies, what to look for in independent adjusters, and how to select the best defense counsel and expert witnesses.

In a February 15, 2023 decision in Twigg v. Admiral Insurance Company, the Oregon Court of Appeals held that an insurance company was not required to indemnify its insured based on a claim for breach of a repair agreement that settled underlying construction defect claims.

Attorneys representing workers who suffered from various illnesses after participating in the cleanup of a major coal ash spill in Tennessee have announced a settlement with the contractor responsible for organizing the cleanup on behalf of the Tennessee Valley Authority (TVA). The resolution marks a significant development in the long-standing lawsuit stemming from the Kingston ash spill site cleanup.

A federal bankruptcy court in New York ruled Tuesday that directors and officers of SVB Financial Group, parent company of the failed Silicon Valley Bank that federal regulators took over in March, can tap into their $210 million in directors and officers liability insurance.

In an unprecedented decision, a federal judge has mandated that 3M CEO Mike Roman personally participate in mediation sessions aimed at resolving the longstanding legal battle concerning the alleged defects in the company’s military earplugs.

Applying New Jersey law, the U.S. District Court for the District of New Jersey determined that issues of material fact precluded summary judgment as to whether certain companies with common ownership and operations qualified as ‘insureds.’

Most legal malpractice insurers reported comparable claims frequency in 2022 compared with 2021, but severity increased, says a survey.

When the value of a liability claim clearly exceeds the primary insurance limit, but the excess insurer is not quite ready or willing to settle, tensions can arise as to how long the primary insurer must incur defense costs when it is prepared to pay its own limit.

Recent research linking cannabis consumption to a range of health risks may increase product liability exposures for the expanding industry. Insurance coverage for the cannabis sector, which has grown significantly over the past several years as more states legalized the drug, is expanding, experts say.

In a tragic incident that shook the University of Georgia football community, a grieving father has taken legal action against the University of Georgia Athletic Association and multiple parties, seeking $40 million in damages for the untimely death of his son, offensive lineman Devin Willock, and recruiting staffer Chandler LeCroy.

A federal appeals court on Tuesday affirmed a lower court ruling on behalf of Selective Insurance Group Inc. in a coverage dispute with Amerisure Insurance Co. over a construction accident.

A federal jury has awarded a couple in Southwest Georgia $135 million in damages after sediment pollution spilled onto their property from a solar electricity project built nearby.

On Saturday, a total of six people were injured and two of them suffered life-threatening injuries after an unexpected collapse of the heating, ventilation, and air conditioning (HVAC) system that fell into a resort pool in Aurora, according to officials.

Simple but sometimes overlooked negotiating skills can help reduces losses for insurers and other payers that go to subrogation, a pair of subrogation experts said.

The six states where courts or legislatures have said insurers must reimburse for medical marijuana for injured workers have yet to provide guidance on how to do so, putting payers in the position of not being able to use the federal banking system to cover costs for a federally illegal substance.