General Liability

  • January 24, 2024

    Accused Fraudster Hurting Policyholders, NC Justices Told

    Four insurers told the North Carolina Supreme Court that a former insurance mogul facing criminal fraud charges is still running his businesses, contrary to a contract and lower court order, renewing their request for clarity on what parts of an appellate court's opinion the high court will review.

  • January 24, 2024

    Crane Lessor Not Covered In Construction Death Suit

    A Tokio Marine entity doesn't owe coverage to a construction equipment company in an underlying wrongful death action brought after a piece of a crane fell on a worker, a South Carolina federal judge ruled Wednesday, finding that the company wasn't an additional insured under the general contractor's policy.

  • January 23, 2024

    Oil Co. Says Power Co. Owes $11M For Injury Defense

    An oil and gas company seeking up to $11 million in coverage from a power company for an underlying electic shock injury suit told a Wyoming federal court that the power company should've made it an additional insured on its policies, per the companies' agreement.

  • January 23, 2024

    Insurer Says Battery Cos. Can't Point To Coverage In EPA Row

    An insurer urged a Georgia federal court to toss a battery reseller and its recycling counterpart's bid for reimbursement of over $700,000 in cleanup costs the companies owe the U.S. Environmental Protection Agency over a two-week-long property fire, saying the companies failed to pinpoint any coverage owed.

  • January 23, 2024

    Insurer Says No Coverage Of $1M Suit By NYC Four Seasons

    A construction company working on a Four Seasons Hotel in midtown Manhattan told a New York federal court that insurers should pay to defend it in a $1 million suit brought by the hotel alleging damages to its guest rooms, while its insurer said Tuesday that it wants the case dismissed.

  • January 23, 2024

    Split 9th Circ. Says Insurer Must Defend Cleanup Injury Suit

    An insurer must fund a contractor's defense against a suit for injuries a man suffered while removing debris from a wildfire, a 2-1 Ninth Circuit panel ruled Tuesday, finding there is a potential for coverage under a $2 million commercial general liability policy.

  • January 23, 2024

    Condo Assoc. Says Insurer Played Favorites In Fee Dispute

    A Virgin Islands condominium association told an Illinois federal court that an AIG unit played favorites in a fee payment dispute between its insureds, refusing to cover more than $500,000 in legal fees for the association while fully funding its opponent.

  • January 23, 2024

    Condo Assoc. Says Insurer Can't Limit Bombing Coverage

    A Nashville, Tennessee, condominium owners association said it's entitled to $10.7 million from its insurer to repair property that was damaged in a bombing in December 2020, telling a federal court that an exclusion for buildings designated as historic structures does not apply to limit recovery.

  • January 23, 2024

    Candy Maker Wants $5M Recall Coverage Suit Tossed

    A Texas-based candy company urged a New York federal court to either toss an insurer's lawsuit seeking to avoid coverage for a nearly $5 million recall over metal fragments found in certain gummy candies or transfer the case to Texas, where the company sued its insurer.

  • January 22, 2024

    Background Check Co. Says Court Mistreated It As Insurer

    A background check company urged a Colorado federal court to reconsider a ruling that the company had to defend and indemnify a now-defunct security services provider, arguing that the court used properties of insurance law to improperly expand its contract.

  • January 22, 2024

    Insurer Can Proceed With $1.7M Settlement Contribution Suit

    Viad Corp. can't escape an insurer's suit seeking to recover $1.7 million of a nearly $160 million settlement with the state of Montana, a Nebraska federal court ruled Monday, finding the insurer plausibly alleged that the company could be liable under a reinsurance contract.

  • January 22, 2024

    Zurich Gets Early Win In Travelers' $2.1M Reimbursement Suit

    Zurich has no duty to cover over $2.1 million in costs Travelers incurred while defending a construction company in a 2011 lawsuit over defects at San Diego's Hard Rock Hotel, a California federal court ruled, finding the underlying contract at issue didn't require Zurich's coverage beyond April 2008.

  • January 22, 2024

    Colo. Contractor Seeks Defense For $2M Defects Arbitration

    A Colorado general contractor is suing five insurers over their refusal to defend the company in arbitration proceedings over construction defects at a senior living community, telling a Colorado federal court they owe coverage under policies issued to its subcontractors.

  • January 22, 2024

    Insurers Fight $3.8M Subrogation Bid Over $5.75M Settlement

    Two Liberty Mutual units and UFG accused each other in California federal court of failing to properly settle a woman's auto collision injury claims before ultimately settling for $5.75 million, in a dispute over whether the units must reimburse UFG for its over $3.77 million contribution.

  • January 22, 2024

    Insurer Escapes Models' Strip Club Copyright Coverage Fight

    A Florida federal judge relieved an insurer of covering a near $300,000 settlement in an underlying suit alleging that a strip club used two models' unauthorized images in ads, finding that the suit isn't covered by policies issued to the club.

  • January 22, 2024

    Electronics Co. Loses Consumer Class Action Coverage Fight

    An insurer had no duty to defend an electronics-maker against a class action over representations that the company made about its power bank devices, a New York federal court ruled, saying the underlying allegations don't constitute disparagement claims under the policy's personal and advertising injury coverage.

  • January 22, 2024

    Justices Won't Review $13M Well Damage Coverage Denial

    The U.S. Supreme Court declined on Monday to review a Third Circuit finding that a well services company cannot tap into $13 million in insurance coverage for damages to hydraulic fracturing wells caused by use of the wrong mix of fracking fluid.

  • January 19, 2024

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 19, 2024

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

  • January 19, 2024

    Club Shooting Victim Seeks Toss Of Insurer's Coverage Fight

    The victim of a 2019 shooting at a South Carolina nightclub urged a federal court Friday to toss a suit brought by the club's insurer over coverage for an $18.1 million default judgment, saying any ruling regarding the carrier's coverage obligations under the policy is moot.

  • January 19, 2024

    State Farm Denied New Coverage Trial Over Atty's Remarks

    State Farm cannot get a new trial after a jury found one of its policyholders suffered permanent injuries from an auto accident, a Florida appeals court ruled Friday, rejecting the insurer's claim that the policyholder's counsel "obliterated" State Farm's witness credibility arguments in a handful of sentences.

  • January 19, 2024

    Proposed $350B Federal Reinsurance Program Draws Scrutiny

    A proposed national reinsurance program lacks important details for legislation that would dramatically change the federal government's role in insurance markets, experts said, while offering competing ideas about whether such a program is needed at all.

  • January 19, 2024

    Cleaning Co. Eyes Deal In Firing Suit Coverage Bid

    A kitchen exhaust system cleaning company, two Hartford units and an insurance agency are considering mediation to resolve the company's suit seeking $250,000 in damages over the insurer's denial of coverage for an underlying judgment entered against it in a wrongful termination lawsuit, according to a Friday court order.

  • January 19, 2024

    Insurer Drops Coverage Dispute Over $11.5M Judgment

    Great American E&S Insurance Co. dropped its declaratory claims against a lumber company in California federal court regarding coverage for a more than $11.5 million judgment over a construction worker's injuries, resolving the coverage dispute before the lumber company answered the insurer's complaint.

  • January 19, 2024

    Ala. Restaurant Gets Deboning Injury Coverage Suit Tossed

    An Alabama federal court tossed an insurer's dispute over coverage for a settlement demand made against a restaurant after a patron claimed that she had to undergo emergency surgery due to an improperly deboned fish, saying the court lacks subject-matter jurisdiction.

Expert Analysis

  • Peephole Cam Case Lowers The Bar On NY Negligence Claims

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    A New York state appeals court's recent decision in Brown v. New York Design Center is significant because, barring a contrary state high court ruling, claims of negligent infliction of emotional distress need not demonstrate extreme and outrageous conduct, which could result in an uptick in such claims, say attorneys at Cahill Gordon.

  • Employment-Related Litigation Risks Facing Hospitality Cos.

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    A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.

  • A Look At Florida's Aggressively Pro-Insurer Tort Reform

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    Florida's new tort reform law is an unwarranted gift to insurance companies that seeks to strip policyholders of key rights while doing little to curb excessive litigation, say Garrett Nemeroff and Hugh Lumpkin at Reed Smith.

  • Navigating High Court's Options In Insurer Choice Of Law

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    Depending on how the U.S. Supreme Court approaches the question of when insurers may invoke choice-of-law clauses in maritime contracts to dodge state-specific liability, the Great Lakes v. Raiders Retreat Realty decision may mean significant changes not only for admiralty law disputes, but for the insurance industry more broadly, say Lara Cassidy and Adriana Perez at Hunton.

  • 7th Circ. Adds To Range Of Opinions On MCS-90 Endorsement

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    The Seventh Circuit's recent opinion in Prime Insurance Company v. Wright helps illustrate how the variation among courts as to when the federally mandated MCS-90 insurance endorsement for motor carriers is satisfied often hinges on exactly how "interstate commerce" is defined, says Rick Boepple at Akerman.

  • NY Rulings Show Shift In Insurance Priority Approach

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    Some recent New York state decisions considering coverage priority of primary and excess insurance policies and contractual indemnity claims run against clear policy language, which should trump extrinsic evidence of intent, says Dan Kohane at Hurwitz Fine.

  • Tips For Plaintiffs Attorneys Ahead Of Expanded Fire Season

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    With the expansion of fire season — both in length of time and geography — plaintiffs lawyers can expect fire-related litigation to increase this coming year and need to prepare themselves and their clients for claims that are complex, time-consuming and costly, says Gerald Singleton at Singleton Schreiber.

  • Pollutant Insurance Case Holds Clues For Ohio Train Litigation

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    A recent Rhode Island Supreme Court decision in Regan Heating v. Arbella could mean that the wide-reaching impacts of the February train derailment in East Palestine, Ohio, will trigger the enforcement of any total pollution exclusion contained in Norfolk Southern's commercial general liability policy, says Kayla O’Connor at Saxe Doernberger.

  • Establishing A Record Of Good Faith In Mediation

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    Viacom v. U.S. Specialty Insurance, and other recent cases, highlight the developing criteria for determining good faith participation in mediation, as well as several practical tips to establish such a record, says Richard Mason at MasonADR.

  • Using ChatGPT To Handle Insurance Claims Is A Risky Move

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    ChatGPT gets some insurance law questions surprisingly wrong, and while it handles broader coverage concepts significantly better, using it to assist with coverage questions will likely lead to erroneous results and could leave insurers liable for bad faith, says Randy Maniloff at White and Williams.

  • Fla. Bill Would Rein In Personal Injury Litigation Excesses

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    A recently proposed bill in the Florida House that would change bad-faith laws and the admissibility of medical bills for services performed under a letter of protection would provide reasonable checks on practices that are far too common in personal injury cases in the Sunshine State, say attorneys at Baker Donelson.

  • Takeaways From Tree-Clearing Co.'s 11th Circ. Insurance Win

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    The Eleventh Circuit's recent decision in Frankenmuth Mutual v. Brown's Clearing, interpreting the extent of knowledge required to trigger an insured's notice obligations under a commercial general liability policy, is both a welcome sign and a cautionary tale for corporate policyholders, say Garrett Nemeroff and Christopher Kuleba at Reed Smith.

  • High Court Ax Of Atty-Client Privilege Case Deepens Split

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    The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.