Articles by Ezra Amacher

Texas Health System Loses COVID-19 Business Interruption Suit – 5th Circuit

A Texas nonprofit health system who purchased a specialized commercial property insurance policy is not covered for business interruption losses caused by COVID-19, a 5th Circuit Court of Appeals panel ruled, relying on existing precedent that COVID-19 does not physically …

Insurers Seek Subrogation Against Norfolk Southern Over Ohio Train Derailment

Four insurance companies filed a subrogation lawsuit against Norfolk Southern in federal court last week, alleging the rail carrier’s negligence led to the 2023 East Palestine, Ohio train derailment and subsequent fire, explosion and release of toxic chemicals. Erie Insurance …

Floodwaters Inundate Midwest, Where Flood Insurance is Rarely In Force

Floodwaters damaged hundreds of properties this week across parts of Nebraska, Iowa, Minnesota and South Dakota as the Midwest recovers from days of intense rainfall. Three days of torrential downpours resulted in as much as 18 inches of rainfall in …

Louisiana Lawmakers Pass Auto Insurance Reform Bills

Louisiana lawmakers passed a series of auto insurance reform bills that aim to bring availability and competition to the market by cutting down on excessive verdicts and settlements. Legislators passed four bills endorsed by Insurance Commissioner Tim Temple that he …

Contractors Can’t Advertise ‘Insurance Negotiating’ Skills, Texas Supreme Court Says

A contractor cannot be the public adjuster on a claim and cannot advertise itself as an insurance claims negotiator if it does not hold an adjusters’ license, the Texas Supreme Court decided in a case that could give support to …

5th Circuit: Louisiana Law Voids Arbitration Clause in Surplus Lines Policies

A panel of the 5th Circuit Court of Appeals ruled this week that a Louisiana statute voids the formation of an arbitration clause in a surplus lines insurance contract. In its opinion, the appellate court reasoned that the general principles …

Nuclear Verdicts Surge to $14.5 Billion in 2023, Report Shows

Nuclear verdicts of at least $10 million reached a 15-year high in 2023, while 27 verdicts were “thermonuclear,” or more than $100 million, according to a new study by research firm Marathon Strategies. The report, “Corporate Verdicts Go Thermonuclear,” found …

Louisiana Lawmakers Pass Auto Insurance Reform Bills to Boost Market Competition

Louisiana lawmakers passed a series of auto insurance reform bills that aim to bring availability and competition to the market by cutting down on excessive verdicts and settlements. Legislators passed four bills endorsed by Insurance Commissioner Tim Temple that he …

Texas Launches Compensation Program for Border Property Crime Damage

Texas landowners along the U.S.-Mexico border who have experienced damage caused by border property crime can now file for reimbursement of up to $75,000, attorney general Ken Paxton announced this week. Texas lawmakers last year approved a law to create …

Nuclear Verdicts Surge to $14.5 Billion in 2023 – Report

Nuclear verdicts of at least $10 million reached a 15-year high in 2023, while 27 verdicts were “thermonuclear,” or more than $100 million, according to a new study by research firm Marathon Strategies. The report, “Corporate Verdicts Go Thermonuclear,” found …