General Liability

  • January 12, 2024

    Insurer Seeks To Toss Challenge To Bombing Coverage Award

    A Nashville, Tennessee, property owner can't proceed with an amended suit claiming an umpire's bias invalidates an appraisal award in a coverage dispute over damage caused by a Christmas Day bombing in 2020, a Zurich unit told a federal court, saying the company failed to state a claim for relief.

  • January 12, 2024

    Boston Says Pharmacy Benefits Cos. Fueled Opioid Crisis

    Pharmacy benefit managers Express Scripts Inc. and OptumRx allowed opioids to flow into the city of Boston for years, creating a public health crisis for the sake of profit, city officials alleged in a suit filed Friday in state court.

  • January 12, 2024

    5th Circ. Voids Insurer's Win In ExxonMobil Job Fatality

    The Fifth Circuit on Friday ordered Indemnity Insurance of North America to defend ExxonMobil's general contractor and its insurer in a suit filed over the death of a woman who was hired by a subcontractor, finding Indemnity's policy defined covered employees to include those hired by the general contractor's subcontractors.

  • January 12, 2024

    Mich. Panel Revives Trucker's Fire Damage Coverage Dispute

    A Michigan state appeals court has revived a truck driver's lawsuit over the loss of nearly $1 million in personal property during a fire, saying he was not the "operator" of a parked vehicle that he alleges started the blaze for purposes of the state's property protection insurance benefits statute.

  • January 12, 2024

    No-Fault Crash Suit Doesn't Bar Negligence Claim, Panel Says

    The estate of a man who was injured in a vehicle crash involving a Detroit city bus can sue the city and driver for negligence, a Michigan appeals court ruled, saying the claims did not have to be joined to an earlier no-fault suit stemming from the same crash.

  • January 11, 2024

    Both Parties In Crane Mishap Coverage Row Seek Early Wins

    A construction contractor and its insurer both asked a New York federal court to grant them early wins in their dispute over coverage for more than $11 million in losses stemming from a 2018 crane accident, each claiming the other's arguments were contradictory.

  • January 11, 2024

    Arrowood's Bid To DQ Abuse Victims' Attorneys Is Premature

    A Washington federal judge denied Arrowood Indemnity Co.'s motion to disqualify opposing counsel representing abuse victims in an insurance coverage dispute, finding the motion premature and noting that motions to disqualify cannot be used for strategic purposes.

  • January 11, 2024

    House Bill Would Create National Reinsurance Program

    The U.S. Department of the Treasury would administer a new national reinsurance program under a $350 billion proposal that would also provide grants for risk-mitigation activities and cash payments for low-income consumers.

  • January 11, 2024

    Insurer Says Resident's Rape In Memory Ward Not Covered

    A dementia facility accused of covering up a rape of a resident by another patient shouldn't have defense coverage against an underlying suit brought by the resident and her family, its insurer told an Alaska federal judge.

  • January 11, 2024

    Mo. Panel Says Insurer Must Pay Costs Despite Paid Limits

    An insurer has no duty to cover a $10 million judgment a family won against a contractor following a fatal auto collision in 2009 because of the insurer's already exhausted, per-occurrence $1 million coverage limit, a Missouri appeals court ruled, partially upholding a trial court ruling.

  • January 11, 2024

    Progressive Must Cover $1.6M UTV Injury Judgment

    A Progressive unit must cover a $1.6 million judgment entered against its policyholder in an underlying lawsuit over injuries from a utility terrain vehicle crash, a Montana federal court ruled, saying the insurer failed to unequivocally demonstrate that the vehicle wasn't a covered auto under the policy.

  • January 10, 2024

    Foster Org. Not Covered In Child Neglect Suit, Insurer Says

    Philadelphia Indemnity Insurance Co. asked a Missouri federal court Wednesday to rule that it does not have to defend a foster care nonprofit and one of its employees from a suit alleging they were negligent in the abuse and death of a 3-year-old.

  • January 10, 2024

    Insurer Seeks Early Win In Asphalt Injury Dispute With Roofers

    An insurer sought an early win against a roofing company Wednesday, telling a Pennsylvania federal court that a policy it issued to the company specifically excludes coverage for injuries resulting from the use of hot tar or asphalt.

  • January 10, 2024

    Coverage Fight Over Ad Infringement Suit Stays In Fed. Court

    A Minnesota federal judge refused Wednesday to send a dispute over coverage of a copyright infringement suit settlement back to state court, finding the policyholder's mailing of service to the wrong address meant its insurer's removal to federal court could proceed.

  • January 10, 2024

    8th Circ. Won't Review Bridge Collapse Coverage Ruling

    The Eighth Circuit refused Wednesday to review a panel's recent holding that an engineering firm isn't entitled to coverage under a Liberty Mutual umbrella policy for a suit over a bridge collapse that injured several construction workers and resulted in a $2.5 million settlement.

  • January 10, 2024

    Pa. Panel Lets Erie Off Hook For Covering Bible App Hack

    Erie Insurance Exchange did not act in bad faith when it denied coverage to a Bible app maker after a hacker deleted the company's videos and software stored on a GoDaddy Inc. server, the Pennsylvania Superior Court ruled, vacating nearly $90,000 in awards the app maker won.

  • January 10, 2024

    Panel Unsure If McKesson Accidentally Oversupplied Opioids

    A Ninth Circuit panel appeared dubious during oral arguments Wednesday that units of AIG and Chubb must defend McKesson Corp. against government opioid suits because the drug wholesaler is largely accused of intentionally flooding the market with the pain medications.

  • January 10, 2024

    Insurer Depreciated Flood Coverage, W.Va. Homeowner Says

    An insurer unlawfully depreciated the replacement value of a West Virginia man's home after a flood, the man said in a proposed class action in federal court while warning that the company may be doing the same to other policyholders.

  • January 10, 2024

    Mich. Justice Asks: Did Car Engine Really Die?

    A Michigan Supreme Court justice wrestled Wednesday with what it means to "operate" a vehicle under a Michigan auto insurance law, as the court weighed whether an uninsured driver should be able to sue for damages after he was hit while stalled on the side of the road.

  • January 10, 2024

    Geico Drops No-Fault Charges Suit Against NY Pharmacy

    Geico informed a New York federal court that it has put to rest a lawsuit alleging a New York pharmacy exploited the Empire State's no-fault insurance system by submitting $1.4 million in fraudulent billing for pharmaceutical products to treat individuals involved in car accidents and eligible for coverage through the insurer.

  • January 10, 2024

    Background Check Co. Had Duty To Defend Security Provider

    A background check company breached its duty to defend a security services provider accused of negligently hiring a security guard who two patients alleged assaulted them at a California medical center, a Colorado federal court ruled, saying the underlying allegations clearly triggered the company's indemnity obligations.

  • January 10, 2024

    Contractors Haven't Paid Up After Default, Insurer Says

    An insurer told a New York federal court Wednesday that an engineering firm and several related entities left it on the hook for losses suffered by the owner of a solar power facility after they defaulted on their contract.

  • January 09, 2024

    Insurer Asks NC Justices To Help Secure $524M Judgment

    An insurer urged the North Carolina Supreme Court to review a state appeals court's judgment reversing limitations on an embattled insurance mogul's transfer of assets, maintaining that the decision "substantially diminishes" its ability as a judgment creditor to collect a more than $524 million award.

  • January 09, 2024

    Insurance Broker Says Competitor Infringed Trademarks

    An insurance broker sued another insurance broker it claimed has infringed on its trademarks and variations of the marks, telling a Texas federal court to find that it is entitled to collect its competitor's profits from the infringement.

  • January 09, 2024

    Insurers May Continue With Silica Exposure Coverage Dispute

    A pair of Hanover units can proceed with their coverage dispute against a granite distributor facing numerous silica dust exposure suits after resolving a California federal court's order to show cause as to why their case should continue despite a lack of response from the distributor.

Expert Analysis

  • Breach Cases Hint At Liability Coverage For Mobile Losses

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    Although federal courts haven't ruled on whether commercial general liability insurance covers companies' revenue losses when customers cannot use their mobile devices, recent cases involving Target and Home Depot payment card data breaches suggest that coverage may be available, says Morgan Churma at Farella Braun.

  • Coverage Ruling Confirms Policy Ambiguities Favor Insureds

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    A recent Georgia federal court decision, Penn-America Insurance v. VE Shadowood, finding for the insured on a policy containing conflicting endorsements, underscores that coverage cannot be defeated by contradictory terms when policies include coverage extensions, say Shaun Crosner and Tae Andrews at Pasich.

  • Capturing Insurance Coverage For Climate Change Suits

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    As municipalities increasingly file suits seeking damages from oil companies in connection with climate change, the companies should consider filing actions to forestall insurer denials of commercial general liability coverage based on theories of novelty or inapplicable pollution exclusions, say attorneys at Haynes and Boone.

  • After Climate Rulings, Insurers May Go On Coverage Offense

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    As climate change lawsuits progress, coverage litigation quickly follows — as evidenced by two recently filed suits, Aloha Petroleum v. National Union Fire Insurance and Everest Premier Insurance v. Gulf Oil — and insurers will likely become more proactive in seeking to limit their exposure, say Jose Umbert and Hernan Cipriotti at Zelle.

  • What NJ Insurance Disclosure Law Could Mean For Litigation

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    Thomas Wester and Christian Cavallo at Goldberg Segalla discuss the potential presuit negotiation and litigation implications of a recently enacted New Jersey law requiring automobile insurers to disclose policy limits before the start of a lawsuit, aimed at promoting claim settlement.

  • The Lawyer Personalities That Make Up Joint Interest Groups

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    As multiparty litigation rises and forces competing law firms to work together, George Reede at Zelle looks at the different personalities — from tactful synthesizers to misguided Don Quixotes — that often make up joint representation groups, and how lawyers can overcome the tensions in these and other team settings.

  • NJ High Court Ruling Doesn't Negate Insurer Duty To Defend

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    The New Jersey Supreme Court's decision in Norman v. Admiral Insurance, finding a narrow exception to the duty to defend, doesn't allow insurers to skip out on their litigation defense obligations, say Eric Jesse and Seth Fiur at Lowenstein Sandler.

  • Fla. Evidence Code Update Lowers Burden For Image Use

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    Florida's recent evidence code change permits judicial notice of images and certain other graphics, a hugely meaningful development for litigants across a wide range of practice areas, though the effect will likely be immediately felt in property insurance cases, say Eve Cann and David Levin at Baker Donelson.

  • 7th Circ. 'Reasonable Costs' Ruling Is A Win For Policyholders

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    The Seventh Circuit's decision in USA Gymnastics v. Liberty Insurance last month establishes useful precedent for policyholders, affirming and expanding on its rule that defense costs are presumed to be reasonable and necessary when insurers breach their duty to defend, say attorneys at Reed Smith.

  • A Road Map To Insurance For PFAS Claims And Suits

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    In light of an uptick in regulation and litigation surrounding per- and polyfluoroalkyl substances, product manufacturers potentially facing down massive liability settlements must properly investigate and understand the full scope of insurance available, says Jodi Green at Miller Nash.

  • Forecasting A Rise In 11th Circ. State Court Class Actions

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    Two recent opinions from the Eleventh Circuit have created an unusual landscape that may result in a substantial increase of class action litigation in state courts, particularly in Florida, that will be unable to utilize removal tools such as the Class Action Fairness Act, says Alec Schultz at Hilgers Graben.

  • Readying Companies For PFAS Regulation And Liability

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    Managing the uptick in regulatory oversight of per- and polyfluoroalkyl substances and the potential civil liability for companies will require action now, from performing audits and reviewing insurance coverage to considering the Texas two-step merger method, say attorneys at Haynes and Boone.

  • Contra Proferentem Will Remain Alive And Well In NY

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    Although a recent Law360 guest article argues that a New York state court's decision in Brooklyn Union Gas v. Century Indemnity creates a blanket exception to the principle that contractual ambiguities are construed against the drafter, leading appellate decisions suggest that the exception would only be applied under narrow circumstances, say attorneys at Pillsbury.