Insurance
Add to my areasEvery story on LexCircuit filed under insurance: court orders, regulation, ethics opinions, litigation and research, each summarized across its sources.
UK Supreme Court backs insurer against Spain and France in Prestige oil spill arbitration case
The UK Supreme Court unanimously allowed the London Steam-Ship Owners' Mutual Insurance Association's appeal against Spain and France in the Prestige oil spill dispute. It held that a third party suing in breach of an arbitration clause under the conditional benefit principle breaches a contractual obligation, so the remedy is common law damages rather than equitable compensation. The arbitrators' monetary awards were upheld on that corrected basis.
Order (UK Supreme Court) → · Law Society Gazette
Split Supreme Court of Canada upholds $12 million award against anesthesiologist, clarifies remoteness test
A divided Supreme Court of Canada in Hemmings v. Padmore dismissed both appeals, leaving anesthesiologist Dr. Neil Jamensky solely liable for $12 million after Sophia Hemmings suffered permanent brain damage during an emergency C-section. The majority clarified that causation in law is a remoteness inquiry, separate from factual causation, asking whether injury was a reasonably foreseeable consequence, not a mere possibility.
Order (Canadian Lawyer) → · Law360 Canada
Charlesbank invests in Wood Smith Henning & Berman's new back-office services company
Insurance defense firm Wood Smith Henning & Berman on October 19, 2026, formed WSHB Support Services, a management services organization that will run non-legal operations for the firm, backed by an investment from private equity firm Charlesbank Capital Partners. The law firm says it remains independent, with its lawyers keeping sole authority over legal practice and client matters. Terms were not disclosed.
Announcement (Reuters (via TradingView)) → · Law360 Pulse, Above the Law
Former New Orleans lawyer Danny Keating gets 32 months in staged truck crash scheme
U.S. District Judge Nannette Jolivette Brown of the Eastern District of Louisiana on October 15, 2026, sentenced former personal injury lawyer Danny Patrick Keating Jr. to 32 months in prison and about $657,000 in restitution for his role in Operation Sideswipe, a scheme to stage crashes with 18-wheelers for insurance payouts. Keating pleaded guilty in 2021 and testified against convicted lawyers Vanessa Motta and Jason Giles.
Order (WDSU) → · The Times-Picayune | nola.com, Fox 8 WVUE, ABA Journal +1
Tyson & Mendes opens Austin office led by Jennifer Akre
Insurance defense trial firm Tyson & Mendes opened an office in Austin, Texas, led by branch office managing partner Jennifer Akre, with incoming partners Barrie Beer and Allison Vann and senior counsel Amber Dunten, the firm announced October 12, 2026. Law360 Pulse reported the opening adds three attorneys from Chartwell. The firm also named new leaders for its Dallas and Lubbock offices.
Announcement (Tyson & Mendes) → · Law360 Pulse
RPC hires Kennedys' Michelle Johnston as Bristol professional and financial risk partner
RPC has hired Michelle Johnston, previously a legal director at Kennedys, as a partner in its professional and financial risk practice in Bristol, the firm announced on October 7, 2026, as reported by CDR News. RPC said Johnston has more than 20 years' experience advising and defending professionals, particularly in claims involving solicitors and barristers, and advises insurers on PI and D&O coverage.
Rulings this week
- UK · EWHC Spares 5,000 late-served Dieselgate claims but makes claimants share costs
- 9TH CIR. Keeps California's captive audience meeting ban on hold
- CANADA Ontario Court of Appeal says licensed paralegals can negotiate accident benefits settlements for parties under disability
- UK · UKSC Backs insurer against Spain and France in Prestige oil spill arbitration case
Switalskis Group acquires Southport legal costs provider Calculus
Switalskis Group has acquired Calculus Legal Costs Holdings Ltd, a Southport specialist costs adviser to personal injury and clinical negligence firms founded in 2003. Calculus will keep its name, operate as a separate entity, and retain founder John Hayes as a director. Insider Media reported that Switalskis employs 395 people across 11 offices.
Announcement (Insider Media) → · Switalskis
Peyton AI launches medical-negligence triage platform with Merit Score engine
Peyton AI has launched an AI triage platform for medical negligence claims aimed at law firms, malpractice insurers, and hospital risk teams, scoring cases on duty, breach, causation, and damages and flagging missing evidence. Artificial Lawyer noted the launch in its October 9 wrap; the company says a validation study of more than 1,000 closed cases recorded no fabricated citations.
Announcement (Artificial Lawyer) → · Business Wire (via City A.M.)
RPC opens first U.S. office in New York with insurance partner Scott Schechter
London-headquartered RPC said on October 5, 2026, that it has opened a New York office, its first in the United States, with the hire of insurance coverage partner Scott Schechter from Kaufman Borgeest & Ryan. Schechter will build a dedicated New York insurance team focused on claims with U.S. exposure, particularly in financial lines and cyber, working with RPC's insurance lawyers in the UK, Singapore, and Hong Kong.
Announcement (PR Newswire) → · The Lawyer, Legal Business, Nonbillable
Carlton Fields elects Richard Choi to succeed longtime CEO Gary Sasso in 2028
Carlton Fields has elected Richard Choi, managing shareholder of its Washington, D.C., office and a veteran financial services lawyer, as its next chief executive officer, the National Law Journal and Law360 reported on October 5, 2026. Choi will succeed Gary Sasso, who has led the firm as president and CEO for two decades, on January 1, 2028.
Announcement (The National Law Journal) → · Law360 Pulse
California bars life and disability insurers from using genetic information except under set criteria
Governor Gavin Newsom signed AB 1798 on September 30, 2026. From January 1, 2027, life and disability insurers may not cancel, limit or deny coverage based on genetic tests, or require, request or use genetic information, except where specified underwriting criteria are met. Insurers, agents and insurance-support organizations may not seek a person's genetic information or full genome or base adverse underwriting on it unless those criteria are met.
Enrolled text (California Legislative Information) → · Office of Governor Gavin Newsom
California's SB 876 requires home insurers to offer 50% extended replacement cost and doubles emergency claim penalties from 2028
Governor Gavin Newsom signed SB 876 (Chapter 656, Statutes of 2026) on September 27. Starting January 1, 2028, insurers may not issue or renew a residential property policy without offering extended replacement cost coverage of at least 50% above the dwelling limit, must assign a primary point of contact on emergency claims within 30 days, and face civil penalties of up to $10,000 per act, or $20,000 if willful, for unfair practices tied to a state of emergency.
Enrolled text (California Legislative Information) → · CalMatters
Stephenson Harwood hires Jennifer Lavelle from Clyde & Co and Nicola Simmons from Mishcon
Stephenson Harwood hired Jennifer Lavelle as a London commercial litigation partner from Clyde & Co and Nicola Simmons as a London private wealth partner from Mishcon de Reya, the firm said on September 28, 2026. Global Legal Post reported both moves on September 29. Lavelle is a marine insurance specialist; Simmons is a chartered tax adviser focused on personal and corporate tax.
Announcement (Stephenson Harwood) → · Bloomberg Tax, The Global Legal Post
Mayer Brown hires Sidley insurance deals partner John Grothaus in Chicago
John Grothaus joined Mayer Brown as a partner in its corporate & securities and global insurance practices in Chicago, Bloomberg Law reported on September 25, 2026. He advises insurers, financial services and private equity clients on M&A, capital raises, reinsurance and insurance financings, with a focus on life insurance and Asia-Pacific outbound reinsurance. He joins from Sidley Austin.
Announcement (Bloomberg Law) → · Mayer Brown
HHS pauses Exchange registration for new agents and brokers through February 2027
The Department of Health and Human Services published an interim final rule on September 23, 2026 (91 FR 60317, CMS-9872-IFC) codifying CMS authority to impose temporary moratoria on Exchange agent and broker registration, and immediately paused Plan Year 2027 registration on the federally facilitated Exchanges for agents and brokers without Plan Year 2026 agreements. The moratorium took effect September 22, 2026 and runs through February 1, 2027 unless CMS lifts, extends or modifies it; comments are due November 21, 2026.
Text (Federal Register) → · Federal Register (full text)
Michigan bans price optimization in auto insurance rates under 2026 PA 98
Governor Gretchen Whitmer signed Senate Bill 1013 on September 21, 2026, prohibiting insurers from using price optimization in no-fault auto insurance rating. The law adds MCL 500.2027a and was assigned Public Act 98 of 2026 with immediate effect. It codifies a 2024 Department of Insurance and Financial Services bulletin barring willingness-to-pay pricing in auto insurance.
Enrolled text (Michigan Legislature) → · Office of Governor Gretchen Whitmer
Michigan bans property and casualty insurers from price optimization in ratemaking
Gov. Gretchen Whitmer signed Senate Bill 1013 on September 21, 2026, now 2026 Public Act 98, effective immediately. It adds section 2027a to the Insurance Code (MCL 500.2027a), making it an unfair or deceptive practice for a property and casualty insurer to use price optimization in ratemaking: charging on an insured's price tolerance through adjustments not actuarially justified and unrelated to risk of loss or expense. The governor's office says it codifies a 2024 DIFS bulletin.
Enrolled text (Michigan Legislature) → · Michigan Executive Office of the Governor
Court of Appeal bars Part 18 ATE-commission probes in solicitor-own-client assessments
The Court of Appeal held on September 21, 2026 that a costs judge assessing a solicitor’s bill under the Solicitors Act 1974 cannot use CPR Part 18 to force answers about alleged after-the-event insurance commissions. Lady Justice Andrews, with Lord Justices Lewison and Phillips, allowed Coupland Cavendish Ltd (trading as Gowing Law) to overturn Sweeting J in Turner v Coupland Cavendish Ltd [2026] EWCA Civ 1204.
Order (Find Case Law (The National Archives)) → · Solicitors Journal, Legal Futures
Newsom signs wildfire recovery package: smoke-damage insurance rules and permanent mortgage forbearance
Governor Gavin Newsom signed four wildfire-recovery bills in Altadena on September 15, 2026. Assembly Bills 1642 and 1795 direct state agencies to set standards for testing and remediating lead and asbestos contamination from wildfire smoke, require insurers to cover qualifying testing, cleanup and restoration, and bar cutoff of living-expense coverage until homes are safe. Assembly Bills 1842 and 1847 create permanent mortgage-forbearance protections and double the forbearance window for Los Angeles fire survivors from 12 to 24 months.
Enrolled text (California Legislative Information) → · Governor of California, Desert Sun, Los Angeles Issue