December 2025 Insurance Update

We begin this month’s update with a pair of cases from the Eleventh Circuit, which unfortunately, both involve claims arising from senseless shootings. The court first takes up the issue of number of occurrences in the Marjory Stoneman Douglas High School mass shooting. It then considers whether an employer’s liability exclusion applies when an employee was shot in the parking lot while walking to his car after work.

Some insurance policies have arbitration clauses. Coverage disputes will be resolved in arbitration, but what bad faith claims? The Ohio Supreme Court weighs in.

Claims-made policies have retroactive dates. Contamination occurring before the retroactive date is not covered. But what if the contamination continues beyond the retroactive date? A Montana federal court addresses this issue.

Does an assault and battery exclusion apply where there is a battery but not an assault? A Louisiana appellate court decides whether there is coverage where a beer bottle thrown at a bar patron ricochets off its intended target and then injures another.

Can microscopic soot cause “direct physical loss”? The Eighth Circuit thinks so.

We hope that you find these cases interesting.

Now it’s time to take a break and enjoy the holidays!