General Liability

  • January 18, 2024

    Biz, Insurer Settle $10.5M Military School Construction Dispute

    A contractor and its insurer have settled a $10.5 million lawsuit seeking coverage for shoddy construction work on a school on a military base, according to a joint statement Thursday in Maryland federal court.

  • January 18, 2024

    5th Circ. Tosses $1.7M MDL Subpoena Coverage Row

    A company seeking coverage from a Zurich unit for more than $1.7 million it spent responding to a nonparty subpoena cannot litigate such issues in Texas federal court, the Fifth Circuit ruled Thursday, finding both of their connections to Texas "too attenuated to warrant exercising specific personal jurisdiction."

  • January 18, 2024

    Mich. School District Says Shooting Coverage Exceeds $5M

    A Michigan school district mired in litigation over a 2021 school shooting told a state court its insurer wrongfully capped coverage at $5 million by labeling the event as a single occurrence, arguing that the policy's definition is ambiguous and that each injured individual constituted an occurrence.

  • January 18, 2024

    Yacht Owner Demands Insurer Cover $240K Engine Rebuild

    The owner of a $3.5 million yacht told a Florida federal court Thursday that its insurer breached its contract by failing to pay for more than $240,000 in water damage to its engine.

  • January 18, 2024

    Late Claim Voids Coverage For Ga. Shooting, Nationwide Says

    A Georgia Citgo gas station's claim for defense against an underlying wrongful death suit was filed too late, Nationwide General Insurance Co. told a Georgia federal court Thursday.

  • January 18, 2024

    Realty Co. Seeks $8.2M For Failed Merger Defense Costs

    A Hartford unit owes over $8.2 million in damages stemming from a merger gone awry between its insured and real estate giant Simon Property Group, the insured said in a complaint removed Thursday to a Delaware federal court, maintaining that it properly exhausted all other limits of coverage.

  • January 18, 2024

    Insurers, Flooring Co. Notch Partial Win Over Gym Fire Suit

    A high school that accused a flooring company of causing a gym fire cannot seek damages related to gym improvements, higher insurance costs and mental anguish, a Louisiana federal court ruled, stopping short of deciding whether the school retains standing to sue the company or the company's insurers to begin with.

  • January 18, 2024

    Travelers Workers Ordered To Testify In Shoe Co.'s PFAS Suit

    Travelers claims handlers must testify about the insurer's practices for handling complex commercial and environmental insurance claims in a footwear company's PFAS coverage dispute, a special master in the Michigan federal court suit ordered.

  • January 17, 2024

    Rented Lamborghini Not Covered For $200K Crash Into Tree

    A New Jersey federal judge on Wednesday granted California Casualty & Fire Insurance Co.'s request for a declaration that the insurer does not have to cover damages for a totaled $200,000 Lamborghini that was crashed while rented, finding that the insurer's policy excludes coverage for the car.

  • January 17, 2024

    NJ Panel Reverses Zurich Win Over Auto Crash Coverage

    A New Jersey trial court wrongly dismissed a temporary staffing company's lawsuit seeking coverage from a Zurich unit for four employees' auto accident injury claims, a state appeals court ruled Wednesday, finding the summary judgment record was "bereft of undisputed facts."

  • January 17, 2024

    Barge Co. Says Insurer Reneged On Superfund Suit Coverage

    A Washington barge company said its insurer owes it coverage for legal expenses in an underlying lawsuit claiming the company is liable for environmental pollution at an Oregon Superfund site, according to a complaint moved to federal court Tuesday.

  • January 17, 2024

    Ill. Panel Upholds State Farm's Coverage Win Against Stacking

    State Farm doesn't owe an Illinois woman nearly $1.5 million in underinsured motorists coverage for injuries she suffered after being ejected from a motorcycle during a car accident, an Illinois appeals court panel said Wednesday, finding that the three policies she obtained unambiguously prohibited stacking.

  • January 17, 2024

    No Coverage For HOA In Trade Secret Theft Suit, Court Told

    An Illinois homeowners association and its property managers are not entitled to coverage for an underlying action brought by the development's golf course operator accusing the association of downloading proprietary information, an insurer told a federal court, saying the incident doesn't meet the policy's definition of an occurrence.

  • January 17, 2024

    No Coverage For New York Ghost Gun Suits, AIG Unit Says

    An AIG unit told a New York federal court it should have no duty to cover a firearm retailer in three lawsuits by the state attorney general and municipalities alleging that the retailer knowingly sold unfinished components that would be assembled into so-called ghost guns.

  • January 16, 2024

    Hyundai, Kia Beat Insurers' Engine Fire Defect Class Claims

    A California federal judge has axed putative class claims brought by insurers seeking to recover their purported losses from paying claims to roughly 7,000 customers whose Hyundai and Kia vehicles' engines allegedly caught fire due to a defect.

  • January 16, 2024

    Insurer Must Defend Contractor In Construction Death Suit

    A Florida federal judge found an insurer had a duty to defend a contractor in an underlying lawsuit alleging its negligence led to the death of a subcontractor who was electrocuted by an uninsulated high-voltage line, ruling the incident falls outside the scope of multiple exclusions.

  • January 16, 2024

    Food Flavoring Co. Seeks Coverage For Worker Injury Suits

    A manufacturer of food and beverage ingredients told a Kentucky federal court that its primary and umbrella insurers must provide coverage for nearly two decades of lawsuits brought by workers who said they were injured by exposure to certain chemical compounds in flavoring products.

  • January 16, 2024

    Allstate Can't Send LG Washer Damage Row To State Court

    A Texas federal judge declined to remand a dispute between Allstate and LG over reimbursement for costs the insurer covered after a washing machine flooded a policyholder's home, finding that the lawsuit was not improperly removed to federal court.

  • January 16, 2024

    New Orleans Gas Station Owed No Coverage For Assault Suit

    A New Orleans gas station's insurer owes no defense or indemnity coverage for a suit accusing a security guard of assault, a Louisiana federal court ruled, finding that the dispute fell plainly under the policy's assault and battery exclusion.

  • January 16, 2024

    Insurer Avoids Sanctions For Fatal Shooting Coverage Suit

    A Tennessee federal court tossed a Tokio Marine unit's dispute over coverage for a now-settled suit stemming from a fatal parking lot shooting at a billiards bar but refused to sanction the insurer over the filing of its case.

  • January 16, 2024

    Insurer Drops Suit Against Nonresponsive, Defunct Co.

    An insurer dropped its 2-month-old coverage lawsuit against a defunct Houston-based engineering firm for asbestos exposure-related claims, saying the company neither appeared nor asserted any counterclaims.

  • January 12, 2024

    Farmers Must Arbitrate $2M Row Against Insurer, Judge Rules

    A Michigan federal judge dismissed a pair of farmers’ claims against two insurers and the United States Department of Agriculture, stating that the claims suffer from “numerous threshold issues,” ordering one insurer to move forward with arbitration with the farmers a $2 million insurance claim.

  • January 12, 2024

    AIG Unit Says No Coverage Left For Helicopter Crash Suit

    An AIG unit told an Alaska federal court that it owes no defense to a mountain resort or its owners for claims brought by the surviving passenger of a heli-skiing crash, saying it already settled with the plaintiff for any coverage it could provide.

  • January 12, 2024

    Travelers Says No Indemnity For HVAC Co. In Defect Suit

    A Travelers unit told a California federal court Friday that it has no duty to indemnify an HVAC company in a dispute over defects at a San Francisco apartment building alleged by the property owner, citing a number of policy exclusions.

  • January 12, 2024

    Insurer Disclaims Institutional Furniture Makers' Patent Spat

    Companies accused in underlying litigation of stealing designs from a patent holder and falsely advertising molded plastic furnishings meant for use in prisons and psychiatric facilities shouldn't have defense coverage against the allegations, an insurer told an Illinois federal judge Friday.

Expert Analysis

  • Why General Liability Carriers Are Wary Of SEC Climate Rule

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    The U.S. Securities and Exchange Commission's proposed rule to require companies to formally report climate change risks could come into play in five areas that should be concerning to companies and their general liability insurers, says Eric Scheiner at Kennedys.

  • Wis. High Court Ruling May Open Door To Coverage Exception

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    The Wisconsin Supreme Court’s recent decision in Dostal v. Strand finding that an insurer had to defend a civil action following the defendant's criminal conviction on the same facts nonetheless may suggest an exception to the complaint test for determining an insurance company's defense obligation, say David Hollander and Clementine Uwabera at Stafford Rosenbaum.

  • A Litigation Move That Could Conserve Discovery Resources

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    Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

  • Trial Lawyers Rejoice: Justices May Clarify Issue Preservation

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    The U.S. Supreme Court's recent grant of certiorari in Dupree v. Younger should be a boon to trial and appellate lawyers as the decision will likely standardize a rule for appellate issue preservation, bringing much-needed clarity to an area critical to general litigation success, says Jeremy Christiansen at Gibson Dunn.

  • Policyholder Lessons From 1st Circ. Duty To Defend Ruling

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    In Lionbridge Technologies v. Valley Forge Insurance, the First Circuit recently held that the obligation to defend an insured is not limited to the specific causes of action expressly stated in a complaint, providing policyholders with persuasive arguments in support of the duty to defend, say Catherine Doyle and Caroline Meneau at Jenner & Block.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2022

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

  • Cultivating Good Relationships With Insurance Regulators

    Excerpt from Practical Guidance
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    Insurers can develop mutually beneficial working relationships with insurance regulators by following some simple tips for streamlining communication, knowing how and when to ask for help, and treating regulatory staff with professional courtesy, says Layna Rush at Baker Donelson.

  • More Stringent Calif. Claim Law Could Benefit Policyholders

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    Although a new California statute that imposes additional requirements for policyholder presuit demands — effective Jan. 1 — was ostensibly passed as a bad faith liability shield for insurers, used correctly it may provide a more specific road map for plaintiff recovery, says Shanti Eagle at Farella Braun.

  • Yahoo TCPA Coverage Case Protects 'Sophisticated Insureds'

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    The California Supreme Court's recent decision in Yahoo v. National Union, finding coverage for Telephone Consumer Protection Act claims despite Yahoo's status as a so-called sophisticated insured, highlights why policyholder-friendly rules of construction are not just logical, but necessary, say David Kroeger and Steven Tinetti at Jenner & Block.

  • NY Panel's COVID Nursing Home Case Order Spurs Questions

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    The New York Litigation Coordinating Panel's recent final order to coordinate the resolution of COVID-19 nursing home cases leaves critical parameters for the cases coming under the order undefined, such as time frame and injury, say Christopher Potenza and Elizabeth Adymy at Hurwitz Fine.

  • Check This List Twice: 4 Steps To Abate Coverage Concerns

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    This holiday season give your company the gift of following easy administrative steps to avoid the far-too-common clerical errors that could lead to forfeited insurance coverage, say Vivek Chopra and Mattison Kim at Perkins Coie.

  • Lessons On Notice From 7th Circ. Claims-Made Policy Ruling

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    The Seventh Circuit's recent decision in Hanover Insurance v. R.W. Dunteman contains broad lessons for policyholders — as many claims-made policies include similar aggregation and claims notice provisions as the one at issue — on how to preserve coverage, say Brian Scarbrough and Maura Smyles at Jenner & Block.

  • Trends And Opportunities In Canada's Insurance M&A Market

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    Laurie LaPalme and Derek Levinsky at Dentons discuss the results of a survey regarding Canada's insurance mergers and acquisitions market, and their expectations for the next year in this space — including an increased focus on accident and sickness insurance, and technology-focused assets.