March 2026 Insurance Update

With the bellwether social media addiction trials wrapping up in Los Angeles, we thought a good place to start this month’s update is with a coverage decision out of Delaware (where Meta is based) on whether Meta’s insurers must defend those suits. A Delaware trial court considers whether social media addiction complaints, when stripped of their legal characterizations, allege only deliberate conduct.

A weighty decision swirls out of Texas that may affect which deductible applies under a homeowners policy. The Texas Supreme Court decides whether a tornado is a “windstorm.”

Federal district courts also consider some interesting issues.

What triggers the insured’s notice obligation, being brought into a lawsuit or awareness of facts that may later lead to a claim?

Is providing toy mirrors to young children a professional service under a teacher’s professional liability policy? And if those mirrors contain lead paint, does an exclusion for “substances which are generally recognized in industry or government to be harmful or toxic to persons” apply?

Are shards of broken glass in a schoolyard a pollutant under a pollution policy?

We tackle a variety of insurance cases. We hope you find them interesting and informative.