November 2025 Insurance Update

Courts considered some interesting insurance issues this past month.

The Indiana Supreme Court lent a sympathetic ear to insurers facing multiple claims against a single policy by adopting a “safe harbor” provision for interpleader.

The Eleventh Circuit applied the notice-prejudice rule to a claims-made and reported policy but found the insured could not overcome a rebuttable presumption of prejudice when violating a seven-day reporting requirement.

The Sixth Circuit found insurers were well within their rights to settle a claim, even though it eroded the policyholder’s captive insurance limits.

The California Court of Appeal considered whether there was an “occurrence” after a jury found that a man intentionally battered his housemate with a mallet and was negligent for not properly managing his medication.

And a federal court in California decided whether the prior act exclusion applies where an alleged fraudulent scheme occurred both before and after the policy’s retroactive date.

We hope you find our update informative.