Insurance Trending Topics

To help with your writing efforts, here’s what people are looking for in Insurance Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:

Mental Health Developments Worth Noting 

Consider writing about:

Mental health-related developments, in time for May’s designation as Mental Health Awareness Month. Take your pick of newer or ongoing issues, whether they be legal disputes involving insurance coverage, or workplace issues involving employer obligations, best practices, or potential liability risks. What significant legal developments or trends are you seeing these days on the mental health front? What are the flashpoints for disagreement or misunderstanding? How have healthcare or insurance industry responses, or employer responses, to individuals’ mental health challenges evolved over the years?

Delta Dental to Pay $2M Over Cybersecurity Lapses 

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A $2.25 million settlement to be paid by Delta Dental over alleged violations of the New York State Department of Financial Services’ cybersecurity regulations; background to the alleged violations; why Delta’s incident response performance was deemed by regulators to be inadequate; what other entities can learn from this case as regards their own policies and procedures for responding to suspected breaches of sensitive information.

Related information:

https://www.dfs.ny.gov/reports_and_publications/press_releases/pr20260430

Construction Defects and Insurance: What to Know 

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Insurance trends or tips involving construction defects; noteworthy disputes or rulings; contractor or subcontractor liability; what to know about insurance coverage or other forms of relief when construction defects become an issue.

Directors and Officers Insurance: Trends and Tips 

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Directors and officers insurance; what companies need to know about the scope and limitations of this type of insurance; how to evaluate available forms of coverage; potential pitfalls to be aware of when assessing coverage options; significant court rulings or emerging liability risks that may increase the urgency of reviewing existing D&O coverage or changing coverage; any other noteworthy legal trends, cautionary tales, or interesting disputes involving D&O coverage.

Gauging the Road Ahead for Insurer Lawsuits Against Automakers 

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Insurance companies’ lawsuits against automakers in the United States and Canada over policyholder claims regarding stolen cars; automakers and insurance companies involved in the lawsuits; how these thefts and lawsuits compare to each other; how auto thefts and related insurance claims have trended in recent years, and how they have affected insurance rates and availability; related issues involving manufacturer obligations and potential liability and vehicle owner responsibilities; what else vehicle owners or would-be buyers should know about vehicle anti-theft protections (or limitations), insurance policy terms, and pursuing an insurance claim.

Is State Farm Facing a Perfect Storm of Hail-Related Lawsuits? 

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The significance of hundreds of lawsuits being filed against State Farm regarding the insurer’s denial of payments for hail damage; overall insurance industry trends involving hailstorms; what property owners should know about available insurance coverage; exclusions, limitations, or other terms they should be paying close attention to, if they are concerned about the likelihood of hail-related damage and associated repair or replacement cost; any noteworthy actions by regulators or legislators regarding the insurance industry’s handling of hail-related insurance claims.

Related information:

https://www.npr.org/2026/04/28/nx-s1-5793997/state-farm-home-insurance-hail-climate-change

How AI’s Accelerating Adoption Is Driving Insurance Concerns 

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Noteworthy AI-related developments involving the insurance industry. Consider whether to look at new or evolving forms of insurance coverage, insurers’ response to AI-related risks, or AI-related concerns that insurers or policyholders are bringing to you. What issues pertaining to AI and insurance are attracting the scrutiny of legislators, regulators, or other decisionmakers, and what are the key needs or risks involving artificial intelligence that either insureds or insurance companies are – or should be – paying attention to right now? What are the main sources of tension between insurance companies and policyholders as regards coverage for AI-related claims? What are policyholders’ options when seeking to maximize recovery for AI-related losses?

Antitrust Case Against Major Health Insurers Gets Go-Ahead 

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Antitrust allegations against five major health insurers over payments to healthcare providers for out-of-network care; key claims about alleged harm done to healthcare providers and types of conspiracy at issue; what the potential stakes are in this case for insurers, healthcare systems, and patients.

Related information:

https://www.insurancebusinessmag.com/us/news/claims/massachusetts-court-greenlights-antitrust-suit-against-zelis-aetna-cigna-unitedhealth-570874.aspx

Workplace Tobacco Surcharges Continue to Light Up Litigation 

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Persistent legal disputes over health plan surcharges levied against employees who smoke; arguments made for and against these types of surcharges; how courts are responding to employee lawsuits over tobacco-related surcharges; potential defenses by employers in these types of cases; possible alternatives employers may be able to consider for their workplace wellness initiatives.

Sizing Up GLP-1 Issues for Employers 

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Recent or otherwise interesting developments or trends involving the latest generation of weight-loss drugs and how they are sparking concerns for employer health plans. What are the options for employers and employees concerned about wellness, healthcare access, medical costs, and/or insurance costs? What potential liability risks should employers keep in mind when deciding whether or not to include GLP-1 medications in their health plans? How should employers communicate and present to employees the results of their decisions? What are the additional pitfalls that may arise for employers when amending or restricting previously provided benefits in some regard? (Alternatively or additionally, what should employers consider before dangling GLP-1 coverage as part of a recruitment package?)

M&A Trends in the Insurance Industry 

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Mergers and acquisitions within the insurance industry. How is dealmaking trending in this sector so far this year, and how does it compare to last year (in terms of the first quarter only, or 2025 as a whole)? What factors are driving M&A interest these days? How are regulators responding to the industry’s M&A plans, and what can prospective dealmakers do to increase their chances of success on this front? What continuing or emerging risk areas should parties to an M&A deal be especially vigilant about at this point in time, especially given the persistence of so many volatile issues (immigration, artificial intelligence, international trade, etc.)?

Insurance Pointers and Potential Pitfalls for Startups [Ongoing] 

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Insurance issues that should be on the radar of startup companies or inexperienced business owners (whether broadly speaking, or in a specific industry or region of your choice); immediate priorities to address or common pitfalls or blind spots to be aware of; conversely, how to play “catch up” (and/or undertake damage control) after the fact on insurance-related matters; how to find and vet insurance providers; what to look for in insurance policies; how to negotiate more favorable terms (and where one should or should not try cutting insurance costs).

Insurance Priorities and Strategies in a Time of War: What to Know 

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Insurance priorities and related issues for businesses affected by the international turmoil involving Iran; what affected entities should be doing right now, in terms of reviewing or updating existing policies, feasibility of acquiring new or additional coverage, and having discussions with their insurers; what to know about political risk coverage and war risk coverage, related pricing adjustment and cancellation clauses, and insurers’ rights to cancel coverage; any government resources that may be available to cover insureds’ evolving needs during a time of crisis; what insureds may learn from the Iran situation in terms of any deficiencies in their insurance coverage.

Related information:

https://www.cbsnews.com/news/trump-dfc-persian-gulf-ship-insurance-iran-war

A Guide to Representations and Warranties Insurance [Ongoing] 

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Representations and warranties insurance; purpose of this type of insurance; how it compares to other insurance types; what to consider when choosing this form of coverage; how to maximize the value of a representations and warranties insurance policy; trends involving this insurance type’s availability, pricing, and use; any noteworthy litigation over R&W insurance claims or cautionary tales involving representations and warranties insurance.

Aetna to Pay Nearly $118M in False Claims Act Case 

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A False Claims Act settlement under which Aetna will pay $117.7 million; alleged company actions that led to this settlement; what to know about a whistleblower’s role in a government investigation into Aetna’s practices; related enforcement trends involving the False Claims Act, either broadly speaking or specifically involving Medicare-related costs.

Related information:

https://www.justice.gov/opa/pr/aetna-agrees-pay-1177-million-resolve-false-claims-act-allegations

Kaiser Pursues Insurers Over D&O Liability Coverage 

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Kaiser Permanente’s lawsuit against nine insurers over the resolution of a False Claims Act case involving Medicare Advantage claims; background of, and key points in, that case; what to know about Kaiser’s D&O liability insurance tower, and how insurance towers work; basis for Kaiser’s lawsuit against its insurers; practical guidance for other insureds regarding D&O policies and the structuring of their insurance coverage.

How Insurance Treats Ransomware Attacks: What Policyholders Should Know 

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The continuing problem of ransomware attacks, and related insurance issues; under what circumstances losses stemming from ransomware attacks may (or may not) be covered by insurance; types of insurance policies most likely to cover ransomware attacks; noteworthy ransomware attacks that may help illustrate the pros and cons of different forms of insurance against these types of incidents; related litigation, rulings, or settlements; what policyholders who want to minimize the damage from a potential ransomware attack should be looking for when assessing insurance policies, and questions they should be asking of insurance companies; how the insurance industry is responding to ransomware attacks, how would-be policyholders’ coverage options may be changing, and how policyholders’ obligations or best practices may be evolving, partly as a result of insurance industry pressures and expectations.

When Are Individual Coverage Health Reimbursement Arrangements a Sensible Option? 

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Individual coverage health reimbursement arrangements; how this form of health insurance coverage works; how popular ICHRAs are and how their rollout and adoption have performed over the years; how ICHRAs compare to other forms of health insurance coverage in terms of eligibility, administration, benefits, costs, etc.; whom ICHRAs are best suited for; potential pitfalls or other issues that employers or employees should consider before participating in this type of arrangement.

ERISA Lawsuits Take Aim at Voluntary Benefit Plans 

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A recent flurry of ERISA-related lawsuits over voluntary benefit plans; what to know about key allegations made against plan sponsors; under what conditions voluntary benefit plans must comply with ERISA; related exemptions; what else other entities should know about these recent lawsuits, and how they should be viewing their own activities, fiduciary duties, and potential risk areas in light of this litigation.

Insurers Prevail in Dispute Over Opioid Lawsuits Against Pharmaceutical Company 

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A recent series of opinions issued by a federal judge in the Eastern District of Pennsylvania in an insurance dispute involving opioid-related claims against pharmaceutical company Endo International; what to know about the insurance policies and exclusions at issue in this dispute; what Judge Chad F. Kenney’s rulings mean for Endo and for Chubb Ltd. and Travelers Cos.; potential practical takeaways for other insureds or insurance companies.

Kaiser Foundation Health Plan and DOL Reach $30M Settlement 

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An approximately $30 million settlement that Kaiser Foundation Health Plan has reached with the U.S. Department of Labor; Kaiser practices or failures that led to investigations of the company and the subsequent agreement with the DOL’s Employee Benefits Security Administration; what other companies may be able to learn from this settlement as regards their own practices, policies, obligations, and risk management.

Related information:

https://www.dol.gov/newsroom/releases/ebsa/ebsa20260210

Insurance Issues Associated With Winter Storms 

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Insurance issues for businesses or individuals affected by winter storms. Take your pick of related points, such as personal property losses, business interruptions, key policy provisions to review, guidance on documenting damage, filing a claim, and anticipating potential questions or objections from insurers. Additionally or alternatively: Consider offering tips on how businesses or individuals can improve their preparedness for the next severe weather event (and their ability to improve any insurance payout), whether in terms of property protection, recordkeeping, change in insurance coverage, or other steps.

Cigna Sued After Vendor Suffers Data Breach 

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A class action lawsuit filed against Cigna in Connecticut federal court last month over a data breach involving a vendor; whom the data breach is thought to have affected; alleged harms from the incident; practical takeaways from this lawsuit regarding data security, third-party risks, breach responses, communication with affected parties, and more.

What to Know About Lapsed or Terminated Life Insurance Policies 

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Lapsed or terminated life insurance policies; allowable grounds, and required steps on the part of either insureds or insurers, for terminating a policy; any noteworthy legal disputes over terminated policies; when an option may exist for a former policyholder to reinstate a life insurance policy.

Insurance Highlights From 2025: Give Us Your Take 

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Your choice of three or more noteworthy trends or developments from 2025 involving insurance; reasons for your choices; their implications and potential impacts as we head into 2026; and any related practical guidance. What lessons should policyholders or the insurance industry draw from the past year? What do the events of 2025 signal in terms of potential legal risks, best practices, or compliance challenges for the year ahead? Decide whether to focus your piece on insurers or insureds, a specific insurance type, region, or affected industry, or whether to take a wider-angle approach to your piece.

Delaware Court Sides With Biopharmaceutical Company in D&O Insurance Dispute 

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A Delaware ruling involving a biopharmaceutical company’s insurance dispute stemming from a shareholder lawsuit; key points in the recent Forte Biosciences ruling by the Delaware Superior Court; practical takeaways from this ruling.

A Refresher on Cyber Insurance Coverage’s Benefits and Limitations 

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Practical tips regarding cyber insurance coverage. What is the conversation that insurers and clients should be having right now about this type of coverage, its role, and its applications and limitations (whether in and of themselves or in comparison to other types of insurance coverage that a policyholder might turn to in the event of, or anticipation of, data breaches)? What are some common or potential misunderstandings between insurers and clients regarding cyber insurance coverage, and how might disputes or litigation be prevented or minimized? Consider whether to include hypotheticals or whether to examine any recent rulings for practical takeaways.

Practical Pointers on Flood Insurance 

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Insurance policy options or other forms of coverage, relief, or assistance in the event of flood damage; common misconceptions about insurance for flood-related damage and what is, or is not, typically covered; additional factors to consider when seeking insurance coverage that will address flood damage; any instructive or otherwise noteworthy disputes over flood insurance claims; how businesses or individuals can best prepare for the possibility of flood damage; how to resolve disputes over insurance claims; top insurance-related priorities after a flood; how to maximize recovery under insurance policies.

Business Interruption Insurance: Trends and Tips 

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Specific events, emerging or accelerating risks, or other trends or developments that may be impacting the demand for business interruption insurance; what business owners should know about the pros and cons of this form of insurance; practical guidance on filing claims involving losses from business interruption; coverage limitations or potential impediments to recovery to be aware of; additional pointers on how to improve one’s chances of making a successful claim or successfully contesting the denial of a claim.

Takeaways From NYDFS Guidance on Cybersecurity and Third-Party Risk 

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Guidance released by the New York Department of Financial Services on Oct. 21 regarding third-party risk; cybersecurity risks that may arise as a result of using third-party service providers; highlights from NYDFS’ guidance on anticipating and managing these types of risks; how worthwhile you find the NYDFS guidance to be; how cybersecurity performance can affect an organization’s compliance record and potentially lead to regulatory actions.

Related information:

https://www.dfs.ny.gov/reports_and_publications/press_releases/pr20251021

https://www.dfs.ny.gov/industry-guidance/industry-letters/il20251021-guidance-managing-risks-third-party