Calfee's Tae Andrews Quoted in Insurance Journal Article "Meta Loses Insurance for Defense in Major Social Media Addiction Litigation"

Mentioned and Quoted

Calfee Insurance Coverage Senior Counsel Tae Andrews was quoted in the March 3, 2026, Insurance Journal article, “Meta Loses Insurance for Defense in Major Social Media Addiction Litigation.” The article reports on a Delaware Superior Court ruling holding that insurers have no duty to defend Meta Platforms Inc. in thousands of lawsuits alleging that Facebook and Instagram were intentionally designed with addictive features harmful to minors. The decision concluded that the conduct alleged, even when framed through negligence theories, constituted deliberate acts, not accidents, and therefore fell outside the scope of coverage under Meta’s commercial general liability (CGL) policies.

The article, written by Andrew G. Simpson, explains that insurers argued the alleged harms stemmed from intentional design choices, making the claims ineligible as accidental “occurrences” under CGL policies. The court denied Meta’s request to delay the ruling, finding the coverage dispute did not depend on factual findings about Meta’s intent or causation in the ongoing California litigation.

In the piece, Tae Andrews noted that the decision reflects a trend in insurance coverage litigation against technology companies, as courts increasingly examine whether injuries arise from intentionally embedded features. He emphasized that the ruling shows policyholders must understand how their intentional design elements may affect coverage disputes.

Tae observed that the insurers’ success in Delaware reflects the judiciary’s willingness to evaluate the nature of the conduct, rather than the corporate intent to cause harm, when determining whether a claim constitutes an insurable accident. He explained that, in cases involving emerging technologies and algorithmic design, courts are frequently asked to distinguish between operational choices and unintended consequences – an analysis that can pose an “uphill battle” for policyholders seeking defense obligations once intentionality enters the factual landscape.

Tae further observed that the ruling shows the strategic realities in multijurisdictional coverage disputes. Meta argued that California law required a stay, but the Delaware court disagreed, finding no factual overlap with the underlying cases. Tae said this reinforces Delaware’s reputation for proceeding on coverage despite ongoing related litigation.

Read the full Insurance Journal article.

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Calfee’s Policyholder Insurance Coverage practice group has helped its clients manage and protect nearly $2 billion in insurance assets in recent years. The team serves corporate insurance policyholder clients in Ohio and nationwide, helping to manage and minimize the risks, losses, and liabilities that pose threats to clients. Calfee’s Insurance Coverage attorneys provide advisory and claims services, assisting clients with the placement and enhancement of their insurance policies, reviews of their existing policies, shaping and pursuing claims to get losses paid by their insurance companies, negotiating resolutions to disputed insurance claims, litigating coverage lawsuits against their insurers, and finding solutions for insurance coverage issues in corporate M&A deals. The team has experience with a wide array of policy types, from newer products such as cyber and M&A representations and warranties insurance, to more traditional policy forms such as commercial general liability (CGL), umbrella, excess, property, D&O, professional liability, and EPL policies, to more specialized policies such as builder’s risk, liquor, and aviation. Calfee's Insurance practice is ranked by Chambers USA 2025 in Band 1 in Insurance: Policyholder Law in Ohio. 

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