Perhaps it is not the point of the article, but the information on number of suits is not valuable without analysis of whether these suits have a chance of winning. For companies that use ISO-based forms, I don’t see much chance of the insured being paid. So this would be lawyers wasting theirs and the courts’ money and time. I can’t speak to the independent forms that are out there and who will prevail in those suits.
Nobody can predict “winning” in litigation to the degree your post suggests is possible. If it were that simple, no case ever would go to trial and all cases would settle. As to your comment about ISO forms, that’s not accurate and overstates the importance of a form being fileed with ISO. There would be no need to litigate if it were as clear-cut as you suggest.
The statistics being tracked by Prof Baker should be contextualized: activity is very early in these lawsuits and milestones used currently are about motions to dismiss a complaint for lack of adequate pleading. As of Dec 3 2020 they are, for the most part, not deciding fully-developed coverage questions. So even the scorecard being kept by Prof Baker may not accurately suggest the answer to “coverage or not,” because those rulings haven’t been reached yet.
Perhaps it is not the point of the article, but the information on number of suits is not valuable without analysis of whether these suits have a chance of winning. For companies that use ISO-based forms, I don’t see much chance of the insured being paid. So this would be lawyers wasting theirs and the courts’ money and time. I can’t speak to the independent forms that are out there and who will prevail in those suits.
Nobody can predict “winning” in litigation to the degree your post suggests is possible. If it were that simple, no case ever would go to trial and all cases would settle. As to your comment about ISO forms, that’s not accurate and overstates the importance of a form being fileed with ISO. There would be no need to litigate if it were as clear-cut as you suggest.
The statistics being tracked by Prof Baker should be contextualized: activity is very early in these lawsuits and milestones used currently are about motions to dismiss a complaint for lack of adequate pleading. As of Dec 3 2020 they are, for the most part, not deciding fully-developed coverage questions. So even the scorecard being kept by Prof Baker may not accurately suggest the answer to “coverage or not,” because those rulings haven’t been reached yet.