We continue our review of the how insurers have fared at the Supreme Court, this time reviewing the years 2000 to 2009.
For the decade, insurers did reasonably well, winning nineteen cases while losing fourteen. Between 2005 and 2008, insurers won eleven cases while losing only five.
As we saw last time, defending wins from the Appellate Court at the Supreme Court can be difficult. But during this decade things were different. Where the insurance industry had successfully defended only five of fifteen Appellate Court wins between 1990 and 1999, for the years 2000 to 2009, insurers won nine times while losing only seven. Between 2006 and 2008, insurers won seven out of eight cases at the Supreme Court which they had won at the Appellate Court.
Insurers were relatively successful in overturning Appellate Court losses too, winning ten cases which they had lost below while losing only seven. Such cases were relatively evenly distributed through the weekend. Insurers were 2-0 in cases they lost below in 2000 and 1-0 in 2002, but they lost two of three in 2001. They won three of four in 2005 but had only one case per year from 2006 to 2009 – losing it in 2006 and 2007, winning it in 2008 and 2009.
Join us back here next week as we review the voting data for the decade just concluded as well as beginning to review the individual Justices’ voting numbers for insurance cases.