General Liability

  • January 29, 2024

    Insurer's Counterclaim Tossed From $7M Elevator Verdict Row

    An insurer has no grounds to pursue a counterclaim against excess insurer Great American Insurance Co. in a dispute with an elevator maintenance company over a $7.3 million negligence verdict, a Florida federal judge ruled Monday.

  • January 29, 2024

    Insurer-Backed Docs Must Show Tax Records For Bias Check

    A split Michigan appellate court panel has said a car crash victim seeking coverage for his injuries can force the medical examiners hired by his insurer to turn over tax documents, finding the records are relevant to determine potential bias that couldn't be discovered otherwise.

  • January 29, 2024

    Increase In Trafficking Reveals Hospitality Coverage Concerns

    As human trafficking continues to increase and travel returns to prepandemic levels, hospitality industry policyholders may see more direct trafficking exclusions and increased education requirements as the insurance industry works to address this growing risk, experts said.

  • January 29, 2024

    Insurers' Ethylene Oxide Coverage Fight Stayed In Del.

    Four Zurich units cannot yet pursue litigation in Delaware over coverage for hundreds of underlying ethylene oxide pollution lawsuits against a medical equipment sterilization company and other entities, a state court ruled, finding a parallel coverage action in Illinois state court largely covers the same issues.

  • January 29, 2024

    Pollution Exclusion Applies In Oil Well Row, Underwriters Say

    Underwriters for a now-defunct oil services company told a Texas federal court they should not pay a $10.6 million underlying judgment to two companies over drainage losses to their oil wells, because the defunct company's policy excluded pollution and waste claims.

  • January 29, 2024

    Judge Won't Pause Ohio Trafficking Case For Centralization

    An Ohio federal judge denied a woman's bid to pause her sex trafficking lawsuit while she awaits a decision to have her case centralized with other trafficking cases because it would delay efficient resolution.

  • January 29, 2024

    Justices' Pass On Fracking Coverage Unsurprising To Attys

    The U.S. Supreme Court's recent decision not to review a Third Circuit panel's ruling finding no insurance coverage for $13 million in damage to hydraulic fracturing wells did not surprise many legal experts, who said persuading the justices to take up a diversity case involving a state law issue is an uphill battle.

  • January 26, 2024

    Nelson Mullins' Rates Spark Coverage Spat Over Builder's Suit

    An insurance policy battle between an exterior building product manufacturer and its insurer over who should pay for a law firm's services in a separate lawsuit spilled into Ohio federal court this week after the insurer removed the company's case from state court to the federal arena.

  • January 26, 2024

    School Says Security Insurer Failed To Cover Stabbing Row

    A security company's insurer failed to provide coverage to a school for behavioral problems in an underlying suit alleging a student was stabbed and bullied in the gym due to the school's negligence and tolerance of violence, according to a suit removed to D.C. federal court.

  • January 26, 2024

    Missing Comma Can't Impede Chubb Policy, 11th Circ. Told

    A French food wholesaler urged an Eleventh Circuit panel Friday to reverse a lower-court ruling that an insurance company does not have to cover a lawsuit for alleged negligent audits due to a policy clause's missing comma, arguing that the New Jersey law applied in the case favors broad interpretation.

  • January 26, 2024

    9th Circ. Says No Duty To Defend McKesson Opioid Suits

    An AIG unit and a Chubb unit have no duty to defend McKesson Corp. over claims it intentionally oversupplied opioids and inflamed the ongoing opioid epidemic, the Ninth Circuit ruled Friday, finding that the three underlying bellwether suits at issue "describe purely deliberate conduct."

  • January 26, 2024

    Mich. Justices Don't Say If Stalled Driver Was 'Operating' Car

    An uninsured driver struck while pulled to the side of a road can seek damages from the semi-truck driver that hit him after the Michigan Supreme Court declined Friday to intervene following oral arguments earlier this month.

  • January 26, 2024

    NC Insurance Group Not Bound By Medicare Law, Suit Says

    The North Carolina Insurance Guaranty Association asked a federal court to find that it doesn't have to pay back Medicare for claims that should otherwise be covered by private insurance, arguing the agency isn't a policy provider as defined by federal law.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

  • January 26, 2024

    Allstate Says No Coverage For Man Hit By DoorDash Driver

    A DoorDash driver's automobile policy does not provide coverage for injury claims asserted by a pedestrian who was struck by the driver while completing a food delivery, an Allstate unit told a Florida federal court in an amended suit Friday.

  • January 26, 2024

    Mich. High Court Spurns Biker's Crash Coverage Dispute

    The Michigan Supreme Court declined Friday to weigh in on when motorcycle crashes must be covered by auto insurance policies, over the objection of two justices who said case law needed a course-correction.

  • January 26, 2024

    Insurer Sues Engineering Firm Over $5M Quarry Flood

    An engineering firm's two predecessor entities negligently designed two ponds in a quarry and the embankment separating them, causing more than $5 million in damages to a construction company's equipment following a catastrophic embankment failure, the construction company's insurer has told a Florida federal court.

  • January 25, 2024

    Insurer Says Contractor Not Covered In Oil Refinery Fire Suits

    A petrochemical contractor is not entitled to coverage for a number of suits over an incident at an Arkansas oil refinery in which a hazardous substance was released and caught fire, an excess insurer told a Texas federal court Thursday, saying the contractor's two-year delay in providing notice bars coverage.

  • January 25, 2024

    Insurer Can't Block Chapter 11 Asbestos Plan, Justices Told

    Two companies seeking Chapter 11 bankruptcy protection with asbestos claims alongside asbestos claimant representatives urged the U.S. Supreme Court to reject an insurer's opposition to their proposed reorganization plan, in a case that could change who can participate in the often protracted bankruptcy process.

  • January 25, 2024

    Progressive Says Uber Crash Coverage Limited To $50K

    Coverage for Uber and one of its drivers involved in an underlying automobile accident is limited to $50,000, Progressive told a Florida federal court Thursday, stating that a second policy with a $1 million bodily injury limit isn't applicable because the accident didn't occur during a prearranged service.

  • January 25, 2024

    Notice Delay In Chubb's $3.3M Recoupment Bid Bugs 6th Circ.

    A Sixth Circuit panel peppered a Chubb unit with questions Thursday about why the carrier should be able to recoup $3.3 million from two other insurers for its defense of windshield repair company Safelite against a competitor's suit, despite a four-year delay in notice.

  • January 25, 2024

    Power Co. Can't Dismiss Explosion Fraud Claim, Insurers Say

    Two insurers for an infrastructure technology company urged an Ohio federal court not to toss their bid to recoup $18.7 million in damages for a manufacturing facility explosion, maintaining that state law supports their ability to bring both a breach of contract and fraud claim.

  • January 24, 2024

    Bermuda Law Prohibits Arbitrator Removal, 2nd Circ. Told

    A New York federal court properly ruled that it lacked authority to remove the arbitrator presiding over a Bermuda reinsurance arbitration, the reinsurer told the Second Circuit on Wednesday, arguing the counterparty's attempt to revive its petition seeking such a ruling is unsupported by Bermuda law.

  • January 24, 2024

    7th Circ. Ponders If Faulty Steel Damaged O'Hare Project

    The Seventh Circuit questioned Wednesday whether cracked welds in a Chicago O'Hare International Airport canopy damaged the larger structure in a way that would trigger property damage coverage, after a lower court ruled that the canopy's general contractor wasn't covered for over $37.5 million in costs.

  • January 24, 2024

    Geico's Bid For Early Win In COVID Rebate Class Suit Denied

    A California federal judge rejected Geico's bid for victory in a class action that claims the car insurance company owes additional refunds to policyholders after they overpaid their premiums during COVID-19 shutdowns.

Expert Analysis

  • PFAS Coverage Litigation Strategy Lessons For Policyholders

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    While policyholders' efforts to recover insurance proceeds for PFAS-related costs are in the early stages, it appears from litigation so far that substantial coverage should be available for PFAS-related liabilities, including both defense costs and indemnity payments in connection with those liabilities, say Benedict Lenhart and Alexis Dyschkant at Covington.

  • Exxon Ruling Highlights Additional Insured Coverage Conflict

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    Despite the Texas Supreme Court's recent decision in Exxon Mobil v. National Union, finding that contractual minimum insurance requirements cannot be used as a ceiling to bar umbrella coverage, the case nevertheless illustrates insurers' aggressive tactics to reduce the scope of additional insured coverage, say David Kroeger and Steven Tinetti at Jenner & Block.

  • Tackling Long-Tail Legacy Liability Risk: A Defendant's Toolkit

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    Johnson & Johnson was recently rebuffed in its efforts to employ the "Texas Two-Step," which is likely to affect this increasingly popular method to isolate and spin off large asbestos and talc liabilities, but companies have multiple options to reduce long-tail legacy liability risk, says Stephen Hoke at Hoke LLC.

  • Climate Reporting Regs Mean New Risks To Insure

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    As regulators in the U.S., U.K. and beyond implement new climate-related investment and disclosure requirements for corporations, decision makers should investigate whether their insurance policies offer the right coverage to respond to the legal and regulatory risks of this increased scrutiny, says David Cummings at Reed Smith.

  • Md. Abuse Law Makes Past Liability Coverage Review Vital

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    Maryland is the first state to allow an indefinite lookback period for previously time-barred lawsuits by victims of child sexual abuse against public and private entities — and lawsuits brought under the new law likely will implicate coverage under insurance policies issued over the past 80 years or longer, say Michael Levine and Olivia Bushman at Hunton.

  • Unpacking NY's Revamped Wrongful Death Bill

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    Legislation to amend New York’s wrongful death law, introduced May 2, proposes more limited reforms than an earlier version the governor vetoed in January, but will likely still face strong opposition due to the severe financial impacts it would have on insurers’ set premiums and reserves, say Eric Andrew and David Adams at Hurwitz Fine.

  • NY Ruling Highlights Need For Specific Insurance Disclaimers

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    New York coverage counsel responsible for writing disclaimer letters should heed a recent appellate decision, Bahnuk v. Countryway Insurance, in which the letter sent to the plaintiff was deemed to be insufficiently specific, leaving the insurance company on the hook for coverage, says Dan Kohane at Hurwitz Fine.

  • Big Oil Certiorari Denial May Alter Climate Change Litigation

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    The U.S. Supreme Court's Monday decision not to review a handful of forum disputes in oil industry climate change litigation means that similar cases may face less corporate-friendly state courts, and insurers may see greater defense and damages exposures from Big Oil clients, say Dennis Anderson and Deepa Sutherland at Zelle.

  • 5 Tips For Filing Gov't Notices After Insurance Producer M&A

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    As insurance producer acquisition activity picks up in 2023, requiring a daunting process of notifying information changes to each Department of Insurance where the entity is licensed, certain best practices will help buyers alleviate frustration and avoid administrative actions and fines, say attorneys at Foley & Lardner.

  • Policyholder Lessons From Sandy No-Coverage Decision

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    A New York federal court recently decided that in the aftermath of Hurricane Sandy, Madelaine Chocolate knew Great Northern Insurance’s all-risk policy offered no coverage for storm surge — an important reminder that policyholders should review policy language for ambiguities or anti-concurrent causation clauses, say Dennis Artese and Joshua Zelen at Anderson Kill.

  • Insureds' Notice Pleading May Be Insufficient In Federal Court

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    A recent New Jersey federal court ruling in Bauman v. Hanover Insurance held that bare-bones notice pleading was insufficient and dismissed the policyholder's coverage complaint, a reminder that courts may require more than an expression of general disagreement with an insurance company's denial letter to proceed with the case, says Eugene Killian at The Killian Firm.

  • 5th Circ. Offers Expert Opinion Guidance For Insurance Cases

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    A recent Fifth Circuit decision in Majestic Oil v. Lloyd's of London provides insight into how Texas' concurrent causation doctrine could affect insurance cases where the cause of damage is at issue, and raises considerations for litigants faced with new or revised expert reports after the deadline has passed, say Brian Scarbrough and Cianan Lesley at Jenner & Block.

  • DUI Liability Ruling Affirms SC Isn't Direct Action-Friendly

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    The Supreme Court of South Carolina's recent decision in Denson v. National Casualty not only clarifies the state's jurisprudence surrounding private rights of action and negligence per se, but also tacitly reinforces that South Carolina is not a direct-action state, say Anna Cathcart and Turner Albernaz at Phelps Dunbar.