Actual Controversy Without Actual Exhaustion: California Supreme Court Allows Declaratory Relief and Bad Faith Claims Against Excess Insurers
August 24, 2026 —
Kyle A. Rudolph - Saxe Doernberger & Vita, P.C.California courts were previously split on the issue of whether an insured may bring declaratory relief claims against excess insurers prior to the exhaustion of underlying insurance. Some California courts held that the actual exhaustion of underlying insurance was necessary, whereas other courts allowed for these types of claims to proceed.[
1]
Recently, the California Supreme Court addressed this split of authority and, in doing so, handed down a significant win for policyholders. In Fox Paine & Company, LLC, et al. v. Twin City Fire Insurance Company et al., the Court held that insureds may proceed with bringing forth viable declaratory relief and bad faith claims against excess insurers prior to the exhaustion of underlying insurance.[
2] A summary of the Court’s opinion is provided below.
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Kyle A. Rudolph, Saxe Doernberger & Vita, P.C.Mr. Rudolph may be contacted at
KRudolph@sdvlaw.com
Segal McCambridge Shareholders and Associates Recognized in 2027 Best Lawyers in America®
September 01, 2026 —
Segal McCambridgeSegal McCambridge is pleased to announce that 24 firm shareholders and associates have been recognized in the 2027 editions of the Best Lawyers in America® and Best Lawyers: Ones to Watch® in America. Best Lawyers® is an elite global network of legal professionals recognized through a trusted, peer-reviewed distinction. For more than four decades, its Purely Peer Review® methodology has upheld the principle that recognition should be earned through the opinions of fellow attorneys, not marketing influence or paid listings. No fees are accepted for consideration or inclusion.
"This Best Lawyers recognition is especially meaningful because it reflects the caliber of advocacy our attorneys bring to clients every day, across a wide range of practice areas," said Jason P. Eckerly, Segal McCambridge Managing Shareholder. "We are proud to see so many of our colleagues honored for their legal skills, dedication, and professionalism. This continued recognition underscores the strength of our national platform and the depth of talent across our firm."
Segal McCambridge's attorneys named in Best Lawyers in America® include:
Jason P. Eckerly; Chicago, IL; Product Liability Litigation - Defendants
Scott R. Emery; New York, NY; Mass Tort Litigation / Class Actions - Defendants
Jay Evans; Pittsburgh, PA; Mass Tort Litigation / Class Actions - Defendants; Product Liability Litigation - Defendants
Richard H. Glucksman; Los Angeles, CA; Construction Law
Nathan R. Horne; Austin, TX; Construction Law; Litigation - Construction
Alice Sacks Johnston; Pittsburgh, PA; Commercial Litigation; Mass Tort Litigation / Class Actions - Defendants; Product Liability Litigation - Defendants
Patrick M. Kemp; Austin, TX; Litigation - Insurance
Mitchell P. Morinec; Chicago, IL; Commercial Litigation
Anthony J. Sbarra, Jr.; Milton, MA; Mass Tort Litigation / Class Actions - Defendants; Personal Injury Litigation - Defendants; Product Liability Litigation - Defendants
Alan J. Taylor; Southfield, MI; Litigation - Construction; Real Estate Law
Kenneth P. Williams; Southfield, MI; Insurance Law; Litigation - Insurance; Personal Injury Litigation - Defendants
David J. Yates; Southfield, MI; Personal Injury Litigation - Defendants
Segal McCambridge's attorneys named in Best Lawyers: Ones to Watch in America® include:
Masood Syed Ali; Chicago, IL; Labor and Employment Law - Management
Mari Bryn Dowdy; Austin, TX; Product Liability Litigation - Defendants
Chaniece M. Hill; Chicago, IL; Medical Malpractice Law - Defendants
Mandy Kolodkin; Indianapolis, IN; Personal Injury Litigation - Defendants
Jeffrey M. Marchese; New York, NY; Litigation - Construction
Courtney C. McLaren; Memphis, TN; Personal Injury Litigation - Defendants
Benjamin J. Nellans; Chicago, IL; Commercial Litigation
Christopher P. Norton; Los Angeles, CA; Commercial Litigation
Nelson T. Rainey; Memphis, TN; Family Law; Health Care Law; Personal Injury Litigation - Defendants
Nicholas E. Richardson; Tampa, FL; Insurance Law
Jordan B. Rosenberg; Philadelphia, PA; Personal Injury Litigation - Defendants
Ian M. Sadler; Austin, TX; Commercial Litigation; Insurance Law
About Best Lawyers®
Best Lawyers® is an elite global network of legal professionals recognized through trusted, peer-reviewed distinction. For over four decades, its Purely Peer Review® methodology has upheld the principle that recognition should be earned through the opinions of fellow attorneys, not marketing influence or paid listings. Each year, millions of confidential evaluations are collected worldwide, contributing to one of the legal industry's most rigorous and trusted vetting processes. Only about 5% of lawyers in the United States and 3% globally are recognized, reflecting the selectivity and credibility of the results. No fees are accepted for consideration or inclusion, maintaining the integrity and independence of all recognitions. For more information, visit: www.bestlawyers.com.
About Segal McCambridge
Segal McCambridge has built a reputation as a national law firm of accomplished trial attorneys for almost four decades. Founded in 1986, the firm has grown from a four-lawyer shop in Chicago to a firm with more than 20 offices nationwide. The firm routinely counsels and defends clients, including Fortune 500 companies, corporations, and individuals, across the United States in complex litigation matters including, but not limited to: asbestos, class action, construction, employment, environmental, food and beverage, insurance coverage and bad faith, life sciences, product liability, professional liability, technology and cyber risk, transportation, and warranty. For more information, visit: www.segalmccambridge.com.
Ownership and Licensing in Design Agreements
April 14, 2026 —
Abby Dvorkin - Snell & WilmerThe ownership and licensing of design documents in professional services agreements play a significant role in protecting the interests of the design professional and the project owner during and after project completion. The ownership or licensing of the drawings provision typically outlines who owns the drawings and specifications, who can use the documents, and how the documents can be used during and after the project.
Project owners and developers should understand that payment for design services does not automatically transfer ownership or an exclusive right to use the professional design. Under U.S. copyright law, the default rule is that the design professional retains ownership of the instruments of service absent a contractual provision transferring ownership or a license. See 17 U.S.C. § 101, et seq. The Architectural Works Copyright Protection Act provides that copyright protection applies to “pictorial, graphic and sculptural works” and includes “architectural works.” 17 U.S.C. § 102. A design professional may only transfer copyright ownership in writing. 17 U.S.C. § 204(a).
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Abby Dvorkin, Snell & WilmerMs. Dvorkin may be contacted at
advorkin@swlaw.com
Lienor Dealing With “Show Cause” Summons by Condominium Unit Owner
September 01, 2026 —
David Adelstein - Florida Construction Legal UpdatesOne of the statutory vehicles to shorten a construction lienor’s statute of limitations to foreclose on a construction lien is through a “show cause” summons that essentially requires the lienor to foreclose on the lien within 20 days from receipt of the “show cause” summons. This is a statutory procedure under Florida’s Lien Law in
Fla. Stat. s. 713.21(4). If a lienor receives a “show cause” summons and lawsuit, the lienor should, without delay, counterclaim or file a separate lien foreclosure lawsuit within the 20-day period without exception. This is provided the lienor wants to move forward with its lien. If a lienor does not, the lien will be discharged of record. If you are a lienor and receive a “show cause” summons, please immediately consult with construction counsel that can best advise you and perfect your lien rights.
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David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Anomaly in Adding a Third-Party Claimant to a Liability Insurance Coverage Dispute
May 05, 2026 —
David Adelstein - Florida Construction Legal UpdatesIn an insurance coverage lawsuit seeking declaratory relief, an insurer sued the third-party claimant. The insurer was seeking a declaration that there was no coverage, which naturally would impact the third-party claimant. The insured did not respond to the lawsuit and the insurer moved for a default judgment which was objected to by the third-party claimant. The trial court granted a final judgment in favor of the insurer, which prompted an appeal from the third-party claimant because the final judgment impacts its rights to coverage if it obtains a judgment against the insured.
The appellate court reversed but please take a look at this Court’s discussion on the issue of an insurer adding a third-party claimant to a coverage lawsuit when then the third-party cannot pursue a direct claim against the insurer until it obtains a settlement or judgment against the insured. It presents an interesting argument and counter-point for a third-party claimant that is added to the coverage lawsuit which has implications if it obtains a judgment against the insured:
This case involves an apparent anomaly in Florida law. It is well-established that third-party claimants injured by an insured’s negligence have a right as third-party beneficiaries to payment from the insured’s insurance proceeds. It is equally well-established that the third-party claimants’ rights in this regard do not accrue unless and until they obtain a verdict or settlement against the insured. A quick review of this law is helpful at this point.
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David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Lewis Brisbois Welcomes Clients and Community Leaders to New Garden City Office Opening
July 27, 2026 —
Lewis BrisboisOn July 15, Lewis Brisbois hosted a ribbon-cutting event for its new Garden City office, which opened in April to serve the Long Island community and beyond.
The event was attended by more than 100 people, including Lewis Brisbois attorneys and staff as well as clients, local business and government leaders, Nassau County Supreme Court judges, and members of the press. Nassau County Executive Bruce Blakeman delivered remarks and cut the ribbon for the office.
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Lewis Brisbois
The Grenfell & Champlain Towers: Risk Management Considerations in the Wake of Catastrophic Loss — A UK/US Comparison
June 02, 2026 —
Eric M. Clarkson - Saxe Doernberger & Vita, P.C.1. Introduction
As part of the multinational collaborative relationship between Saxe Doernberger & Vita, P.C. and Fenchurch Law, we continually find ourselves in conversations about the sometimes subtle but sometimes drastic differences between risk management and coverage considerations from one country to the next. These differences are often highlighted by the fallout from large catastrophic losses that are widely publicized and illuminate sometimes widespread risks and perils that many others may be facing in the coming years.
The response of governments and their subdivisions to the needs of victims and/or commercial parties, and insurance markets’ evaluation of and reactions to catastrophic losses vary widely from country to country and jurisdiction. In this article, we discuss these responses and reactions in the cases of the Grenfell Tower Fire in London, England, and the Champlain Tower collapse in Surfside, Florida, within the United States. These two widely publicized losses involved different risk management and insurance considerations based on where they occurred. They also saw substantially different government responses and raised varied questions about what the next steps are for their respective commercial and insurance markets.
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Eric M. Clarkson, Saxe Doernberger & Vita, P.C.Mr. Clarkson may be contacted at
EClarkson@sdvlaw.com
Damage from Frozen Pipes Excluded from Coverage
March 31, 2026 —
Tred R. Eyerly - Insurance Law HawaiiApplying Texas law, the federal district court found there was no coverage for damage to the insured’s commercial building due to the bursting of frozen pipes. Barona v. State Farm Lloyds, 2025 U.S. Dist. LEXIS 257379 (S.D. Texas Dec. 12, 2025).
Freezing weather froze Barona’s plumbing fixtures, causing significant water damage to the commercial property when the plumbing eventually expanded and burst. State Farm sent an inspector. During the inspection, Barona stated that he turned off the heat to his building but did not shut off the water supply or drain the pipes. State Farm denied covered based on the policy’s exclusion for frozen plumbing.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
