September 2026 Insurance Update

In this month’s update, we offer a mix of procedural and coverage issues of interest to insurance litigants.

We begin with a procedural issue. The California Supreme Court decides whether policyholders must exhaust their underlying insurance before they can bring a declaratory judgment action against their insurers.

Next, we compare cases from Illinois and Ohio that reach different outcomes on whether opioid claims are covered.

Then, we turn to two decisions on the duty to preserve evidence, addressing when that duty attaches, and the repercussions of failing to do so.

We hope you find our update informative.