Claims Handling Best Practices for Major Class Action and Mass Tort Litigation
Richard W. Boone Jr.
This article provides a comprehensive road map for insurers facing major class action and/or mass tort litigation. Drawing on years of experience in this field, we outline best practices for every stage of the process—from the initial receipt of a claim notice, through coverage analysis and counsel selection, to litigation management, settlement strategies, and resolution.
Eighth Circuit Expands Underinsured Motorist Coverage Through Interpretation of “You”
Robert Curtis
The Eighth Circuit recently overturned a district court’s decision, concluding that an automobile insurance policy subjected underinsured motorist claims by two spouses to a single $250,000 per-person limit. The court’s analysis turned on the interpretation of the word “and” in the policy’s definition of “you,” read in conjunction with Missouri law.
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Wilson Elser Attorneys Successful in Oregon’s First Moody Damages Trial
Kirsten Curtis and Sean Downing
In Richardson v. Safeco Insurance Company of Oregon, Lane County Circuit Court Case No. 25CV00019, a jury found an insurer breached the terms of an insurance policy. Still, it declined to award the plaintiffs any emotional distress damages for their negligence per se claim. This was the first test of this new cause of action in Oregon pursuant to Moody v. Oregon Community Credit Union and its progeny.
Illinois Supreme Court Rules That Regulatory Permits Do Not Affect CGL Pollution Exclusions
Joanna C. Kocol
The Illinois Supreme Court has issued its decision in Griffith Foods International, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, addressing a question of regulatory permits on commercial general liability pollution exclusions. The decision provides long-awaited clarity on an issue that had divided Illinois courts and carries significant implications for insurers and policyholders facing environmental contamination claims. This article is a follow-up to the 2025 Q2 edition of Coverage Matters article on the implications of the underlying case.
Directors & Officers Liability Insurance in 2026: Market Stability Amid Evolving Risk
Siobhán A. Mueller
The insurance coverage market has entered 2026 in what seems to be a cautiously stable posture, with most major lines showing improved capacity and underwriting appetite relative to the “hard market” cycle that peaked between 2020 and 2022. The Directors & Officers (D&O) marketplace, in particular, appears to have transitioned into a buyer-favorable, “soft market” phase for many insureds.
The Use of Layperson Testimony to Establish Causation in First-Party Property Damage Disputes
Julia Grimké Young
Wilson Elser prevailed in a number of cases that point to a trend in Florida courts toward greater allowance of layperson causation testimony to defeat summary judgment (or judgment as a matter of law) where the moving party has presented expert causation evidence.
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Editors
Ashley F. Gilmore
Partner
Dallas, TX
ashley.gilmore@wilsonelser.com
Jane E. Young
Partner
Denver, CO
jane.young@wilsonelser.com
Erik J. Tomberg
Partner
Raleigh, NC
erik.tomberg@wilsonelser.com
Daniel E. Tranen
Partner
St. Louis, MO
daniel.tranen@wilsonelser.com











