Lex Machina is proud to release its 2023 Insurance Litigation Report, which provides insights into insurance litigation trends in federal district court and appellate court over the three-year period from 2020 to 2022. This report surveys emerging trends in case filings (including federal appellate cases), most active venues, judges, law firms, parties, timing metrics, case resolutions, findings, and damages. The report often focuses on different sets of data, e.g., filtering cases in order to provide analytics on general insurance cases, business liability policy cases, business interruption cases, hurricane-related cases, homeowners policy cases, and federal appellate insurance cases.

Key Trends and Highlights from the report include:

  • In 2022, 18,912 insurance cases were litigated in federal district courts, a 30% increase from the number of insurance cases the year before.
  • In the three-year period from 2020 to 2022, the highest number of insurance cases was filed in the Western District of Louisiana, while Judge Cain from the same district was the most active judge for insurance cases.
  • In the three-year period from 2020 to 2022, State Farm Fire and Casualty Company was one of the most active plaintiffs and also the most active defendant.
  • MMA Law Firm was the most active counsel representing plaintiffs in insurance cases in the three-year period from 2020 to 2022, while Porteous, Hainkel & Johnson represented defendants in the highest number of insurance cases over the same period of time.
  • For insurance cases that were appealed to a federal appellate court and terminated from 2020 to 2022 with a decision on the merits of the appeal, 23% were ultimately reversed.
  • $530 million in total damages were awarded as Approved Class Action Settlements from 2020 to 2022.

View our infographic.

Insurance cases filed

Legal Analytics is used for planning, budgeting, and litigation strategy. The metrics in this report can help readers decide who to pursue as clients, whether to file a particular motion, or when to settle (and for how much). This research supplements traditional legal research and anecdotal data in order to gain a competitive edge in litigation.

Lex Machina hosted a webcast to discuss the report on June 15, 2023 with Ronald Porter (Lex Machina’s Legal Data Expert in Insurance Litigation) and Aria Nejad (Lex Machina’s in-house counsel). View a recording of the webcast.

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