General Liability

  • February 02, 2024

    Clyde & Co. Hires Ex-Lewis Brisbois Team In Chicago

    Law firm Clyde & Co. LLP announced Thursday that it had hired nine Chicago-based insurance law and general liability attorneys from Lewis Brisbois Bisgaard & Smith LLP, including that firm's former managing partner in the city.

  • February 01, 2024

    Insurer Fights Railroad Subpoena For Ohio Derailment Docs

    An insurance company that investigated claims made surrounding last year's East Palestine, Ohio, derailment has asked an Ohio federal court to block a subpoena from Norfolk Southern seeking to procure its findings from the area where the accident occurred, arguing it was a nonparty to the massive litigation over the derailment.

  • February 01, 2024

    Imerys, Cyprus Mines Propose Ch. 11 Plans With $862M Trust

    Bankrupt talc supplier Imerys Talc America, Inc. and its former owner Cyprus Mines Corp. asked a Delaware bankruptcy court to sign off on disclosure statements for their separate Chapter 11 plans that would create an $862.5 million joint trust to settle claims that their talc caused cancer.

  • February 01, 2024

    Experts Urge Justices To Bar Insurer's Ch. 11 Challenge

    Truck Insurance Exchange's contention that it is a "party in interest" with standing to challenge its insureds' Chapter 11 reorganization plan, which established a trust for asbestos injury claims, would upend the bankruptcy system if accepted, experts and policyholder representatives told the U.S. Supreme Court on Thursday.

  • February 01, 2024

    Insurers Blast Syracuse Diocese Ch. 11 Plan

    Interstate Fire & Casualty Co., joined by a number of other insurance carriers, has objected to the Chapter 11 plan disclosure statement of the Roman Catholic Diocese of Syracuse, New York, saying that the plan's treatment of insurance policies abrogated the insurers' rights and that the disclosure contained inadequate information.

  • February 01, 2024

    Tenn. Resident Says State Farm Marketing Calls Violated TCPA

    State Farm used a third-party company to make automated telemarketing calls without prior consent, violating the Telephone Consumer Protection Act, according to a proposed class action filed in Illinois federal court.

  • February 01, 2024

    Insurer Wants Out Of $1M Construction Defect Coverage Suit

    An insurer told a Florida federal court that it shouldn't have to cover builders in underlying litigation accusing them of causing more than $1 million in damage via defective construction on a beachfront vacation home.

  • February 01, 2024

    Insurer Needn't Cover Gym In Brain Injury Suit, Court Says

    An insurer has no duty to defend or indemnify a gymnastics facility and an employee against a suit over a student-athlete's traumatic brain injury, an Illinois federal court ruled, finding that exclusions for gymnast injuries and injuries arising from use of certain gymnastics equipment preclude coverage.

  • January 31, 2024

    Insurance Execs Stole Co. Assets For New Biz, Suit Says

    An insurance company alleged in a federal complaint Tuesday that three former executives lined their own pockets by breaking laws and stealing assets in a plot to found their own competing business as part of a vindictive campaign fraught with subterfuge on North Carolina regulators to further imperil their former employer.

  • January 31, 2024

    Electric Co. Says Insurer Refuses To Defend BIPA Suit

    An electric company told an Illinois federal court that its insurers wrongfully refused to defend or indemnify it against an underlying proposed class action in state court by an employee who alleged the company violated the state's Biometric Information Privacy Act.

  • January 31, 2024

    $17.5M Hail Claim Mostly Not Covered, Insurer Says

    A storage company's insurer told a Texas federal court that much of the nearly $17.5 million in hail damage the company said it suffered wasn't actually caused by hail, adding that it refused to allow a construction consultant to inspect its property "despite multiple requests."

  • January 31, 2024

    College Philanthropy Slams Dismissal Bid In IP Coverage Suit

    A philanthropy associated with Kansas State University urged a Kansas federal court to keep alive its counterclaims in a fight over coverage for a lawsuit accusing it of stealing a man's idea relating to economic development, saying it met the pleading standards for this stage of litigation.

  • January 31, 2024

    Insurer Says Dispute Over Developer's HVAC Claim Settled

    A Tokio Marine unit notified a Minnesota federal court Wednesday that it has reached an agreement with a construction company and subcontractor in a coverage dispute over a property developer's claim that the companies must pay to replace part of a residential HVAC system.

  • January 31, 2024

    Church Says Insurer Improperly Denied Covering Schism Row

    A church accused its insurer of violating Pennsylvania's insurance bad faith law and breaching its insurance policy by failing to properly defend former members and trustees over the church's claims they diverted funds to start their own congregation, the church told a federal court.

  • January 31, 2024

    State Farm Policyholder Asks 11th Circ. To Revive Class Suit

    A State Farm auto policyholder urged the Eleventh Circuit to revive her proposed class action accusing the insurer of unlawfully denying coverage for medical expenses, saying a Georgia federal court's interpretation of the medical payments provision went against precedent and the policy language.

  • January 31, 2024

    Liberty Mutual Units Must Help Cover Warehouse, Court Told

    The insurer for a furniture retailer told a California federal court that it doesn't owe coverage to a warehouse owner in underlying bodily injury litigation, saying it was relieved of its defense duties by a lease termination agreement.

  • January 30, 2024

    Woman's Policy Settlement Blocks Crash Injury Claims

    A woman who claims she didn't give her attorney authority to enter a policy-limit settlement and release following an automobile collision is nevertheless bound by it and therefore cannot pursue injury claims, an Illinois state appellate panel has ruled.

  • January 30, 2024

    Paint Co., Insurer Denied Wins In Asbestos Coverage Spat

    A drywall and paint company and its excess insurer can't toss each other's cross-claims in a lawsuit by the company's primary insurers, a Texas federal judge ruled, finding Tuesday that both parties sufficiently pled their arguments in the dispute over whether the company exploited its primary insurers in underlying asbestos litigation.

  • January 30, 2024

    Injured Man Can't Sue Deli Insurer For Payment, 3rd Circ. Says

    The Third Circuit ruled Tuesday that the insurer of a Philadelphia deli doesn't have to indemnify the owner for a $900,000 settlement between him and a man who sued after being stabbed on the premises, reasoning that the victim was barred from relitigating the same issues with the insurance company.

  • January 30, 2024

    Amber Heard Tells 9th Circ. To Undo Defense Coverage Loss

    Actor Amber Heard asked the Ninth Circuit to nix a California federal court's ruling in favor of her insurer, arguing that the court wrongly found she had no right to independent defense counsel in a defamation suit brought in Virginia state court by her ex-husband and fellow actor Johnny Depp.

  • January 30, 2024

    Pipeline Builder Says Insurer Owes Defense In Explosion Suit

    A pipeline construction company told a Texas federal court Tuesday that a subcontractor's insurer must defend the company in a personal injury suit stemming from a nitrogen gas explosion, asserting that it qualifies as an additional insured.

  • January 30, 2024

    Zurich, Mont. Mill Workers End Asbestos Liability Dispute

    Zurich and a group of former mill workers suffering from the effects of asbestos exposure agreed to end their legal dispute in which the workers accused Zurich of unfair claim settlement practices by entering into retroactive reinsurance agreements, the parties told a Montana federal court.

  • January 30, 2024

    Fennemore Craig Growing In Calif. With Sullivan Hill Merger

    In its latest West Coast expansion, Fennemore Craig PC announced Tuesday it is widening its footprint in San Diego through a merger with Sullivan Hill, with the latter's experts in insurance, construction, commercial bankruptcy and employment law joining Fennemore's existing four-attorney team in the city.

  • January 30, 2024

    Insurer Says Agent Caused Day Care's Coverage Denial

    The insurance agent for a Florida day care that was ordered to pay $21.6 million in damages after the death of a 4-month-old baby misrepresented material information that caused the facility's insurer to deny coverage of the underlying action, Markel Insurance Co. told a Florida federal court.

  • January 30, 2024

    Pa. Justices Revive 'Regular Use' Auto Policy Exclusion

    An auto policy exclusion barring underinsured motorist coverage for injuries involving a nonowned vehicle that an insured regularly uses does not violate a Pennsylvania law, the state's Supreme Court ruled, reversing an appeals court's decision against Erie Insurance Exchange.

Expert Analysis

  • Insurance Insights From 5th Circ. Blue Bell Coverage Ruling

    Author Photo

    The Fifth Circuit's recent ruling that denied Blue Bell insurance coverage for the defense costs incurred from a shareholder lawsuit underscores the importance of coordination of different coverages and policies across programs, and the potential perils of seeking recovery for losses under nontraditional policies, say Geoffrey Fehling and Casey Coffey at Hunton.

  • The Legal Issues Flying Around The Evolving Drone Market

    Author Photo

    As the number of drone registrations is expected to more than double over the next three years, the industry faces new risks and considerations related to privacy, Fourth Amendment, criminal, evidentiary, First Amendment, and insurance litigation, say attorneys at Covington.

  • What The ESG Divide Means For Insurers And Beyond

    Author Photo

    The debate around ESG is becoming increasingly polarized, with some states passing legislation that prohibits the use of ESG factors and others advancing affirmative legislation, highlighting the importance for insurers and other companies to understand this complex legal landscape, say Scott Seaman and Bessie Daschbach at Hinshaw.

  • Consider Self-Help To Trigger Additional-Insured Status

    Author Photo

    A New Jersey federal court recently affirmed that owners and contractors can use self-help by filing third-party claims for indemnification against subcontractors, triggering coverage from a subcontractor's insurance by asserting that an employee's injuries resulted from the subcontractor's fault or the employee's own negligence, say Allen Wolff and Ethan Middlebrooks at Anderson Kill.

  • Why 7th Circ.'s BIPA Insurance Analysis Is Significant

    Author Photo

    The Seventh Circuit's ruling in Citizens v. Wynndalco is the first appellate opinion on one of the three major exclusions raised by insurers faced with a duty to defend alleged violations of the Biometric Information Privacy Act and could foreshadow future BIPA opinions favoring policyholders, say John Vishneski and Adrienne Kitchen at Reed Smith.

  • What 6th Circ. Ruling May Portend For PFAS Coverage Cases

    Author Photo

    The Sixth Circuit's recent decision in Admiral Insurance v. Fire-Dex, rejecting the insurer's attempt to avoid coverage, shows that federal courts may decline to resolve novel PFAS state-law issues, and that insurers may have less confidence than originally intimated in the applicability of the pollution exclusion to PFAS claims, say attorneys at Hunton.

  • Insurance Considerations For State Biometric Privacy Claims

    Author Photo

    As Connecticut and Colorado join the growing number of states that have enacted biometric data privacy acts auguring significant damages, in-house counsel thinking about insurance coverage for privacy liability should consider several key factors including clarity of exclusions, say Peter Halprin and Tae Andrews at Pasich.

  • 5th Circ. Ruling Aids Insureds In Contractual Exclusion Rows

    Author Photo

    The Fifth Circuit's recent insurance decision in Windermere Oaks v. Allied World, in favor of coverage, provides policyholders with guidance on how to distinguish between contractual and noncontractual claims when insurers deploy broadly worded liability exclusions to deny coverage, say Max Louik and David Ledet at Reed Smith.

  • 2nd Circ. Reinsurance Ruling Correctly Applied English Law

    Author Photo

    Contrary to a recent Law360 guest article's argument, the Second Circuit correctly applied English law when it decided in Insurance Company of the State of Pennsylvania v. Equitas that concurrent reinsurance certificates required the reinsurer to cover loss in accordance with the law of the policy's governing jurisdiction, say Peter Chaffetz and Andrew Poplinger at Chaffetz Lindsey.

  • ALI, Bar Groups Need More Defense Engagement For Balance

    Author Photo

    The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.

  • 2nd Circ. Reinsurance Ruling Misconstrues English Law

    Author Photo

    The Second Circuit's finding in Insurance Company of the State of Pennsylvania v. Equitas Insurance, that London-based reinsurer Equitas owed coverage for losses outside the policy period, stems from that court's misinterpretation of English law on reinsurance policy construction, says Christopher Foster at Holman Fenwick.

  • 4 Emerging Risks For US Insurance Markets

    Author Photo

    Both insureds and insurers in the U.S. must be aware of significant inbound exposures — including the issues arising from opioids, climate change and artificial intelligence — that could lead to continued volatility in insurance markets, say Aidan McCormack and Wes Reichart at DLA Piper.

  • How Mich. Bill Could Reshape State's Insurance Landscape

    Author Photo

    A recently introduced Michigan Senate bill would bar insurers from delaying, denying or failing to pay a claim unless there is a reasonable basis found in the policy, but its requirement calling for written standards for claims adjusting could create liability issues for large insurers, says Emily Coyle at Plunkett Cooney.