General Liability

  • June 24, 2022

    Insurer Seeks To Recoup $1.1M Over Malpractice Settlement

    An Illinois-based insurer urged a New Jersey federal court on Friday to let it recoup the $1.1 million that it paid to settle a medical malpractice case, after it said its policyholder falsely stated in insurance applications that the medical imaging firm knew of no circumstances that could result in such a claim.

  • June 24, 2022

    Judge OKs $34M Avis Rental Insurance Settlement

    A Florida federal judge recommended granting preliminary approval Friday on a $34 million settlement Avis Budget Car Rental LLC struck with rental car purchasers that would end the long-running class action over alleged insurance coverage fraud.

  • June 24, 2022

    UnitedHealth Overpayment Recovery Defies ERISA, Suit Says

    UnitedHealth Group Inc. regularly offsets overpayments to providers from certain health plans by withholding payments to those providers from other health plans, a practice that lines the pockets of the insurer and violates federal benefits law, according to a proposed class action filed Friday in Minnesota federal court

  • June 24, 2022

    AIG Settles Fight With Colonial Pipeline Over $67M Gas Leak

    AIG Specialty Insurance Co. and Colonial Pipeline Co. have settled their dispute in the Northern District of Georgia in relation to a $67 million gas pipeline leak, following a mixed bag ruling at the summary judgment stage.

  • June 23, 2022

    Steel Co.'s Insurer Wins Coverage Fight Over Injury Suit

    A New York federal judge ruled that a general contractor facing personal injury claims by a steel subcontractor's employee can't tap into additional-insured coverage under the subcontractor's policy.

  • June 23, 2022

    Cyprus Mines Wins Ch. 11 Stay Of Actions Against Parent

    Talc producer Cyprus Mines Corp. received approval Thursday from a Delaware bankruptcy judge to extend the automatic stay of litigation against its nondebtor parent company to stop the prosecution of claims for talc injury against the parent.

  • June 23, 2022

    Developer Asks Judge To Rethink Pollution Exclusion Ruling

    A land developer and its owner urged a Georgia federal judge to rethink a ruling awarding summary judgment to an insurer in a coverage fight over runoff that allegedly damaged a woman's pond, arguing a trial should determine if sediment is a pollutant excluded by the policy.

  • June 22, 2022

    Insurer Doesn't Want To Cover PPE Maker In PFAS Suits

    Admiral Insurance Co. wants a federal judge to say it does not have to cover the defense and possible payouts a northeast Ohio protective gear maker faces in lawsuits filed by firefighters who said they were exposed to cancer-causing chemicals.

  • June 22, 2022

    Insurer Owed LA Port Operator Defense From City, Judge Says

    A Los Angeles company that formerly ran a city-owned port won a partial judgment against United National Insurance Co. on Tuesday when a California federal court found that the insurer was obligated to defend it in an underlying lawsuit from the city.

  • June 22, 2022

    Zurich Wants Out Of Workers' Asbestos Liability Suit

    A suit brought by a group of workers suffering from the effects of asbestos exposure should be dismissed, Zurich American Insurance Co. told a Montana federal court, saying the workers' allegations failed to make it "reasonably clear" that coverage is warranted.

  • June 22, 2022

    2nd Circ. Upholds Insurer's Win In Varvatos Pay Bias Row

    A Liberty Mutual unit doesn't have to pay former John Varvatos menswear employees to cover a $2.1 million judgment against the clothing brand in a pay discrimination suit, a Second Circuit panel ruled Wednesday, agreeing with a lower court on the applicability of a prior acts exclusion.

  • June 22, 2022

    Travel Insurer Asks 2nd Circ. To Uphold Virus Coverage Ruling

    Travel insurer Generali urged the Second Circuit to affirm its win in New York federal court over pandemic-related trip cancellation coverage, arguing that the proposed class actions it faces should be tossed because the policyholders' claims are expressly excluded or fall outside what the policy deems a "covered event."

  • June 22, 2022

    Progressive Asks Court To Toss Trucking Co.'s Tort Claims

    A Progressive unit asked a Pennsylvania federal court to toss a trucking company's coverage dispute over a canceled policy, arguing that the company cannot demonstrate that it is entitled to any relief on its claims of fraud, failure to warn and promissory estoppel.

  • June 21, 2022

    Landlord Seeks Coverage For Capital Gazette Shooting Suits

    The Capital Gazette's landlord asked a Maryland federal judge to require the newspaper's insurer to defend it in underlying suits over the 2018 shooting at the paper's office, arguing that it was listed as an additional insured on the Chubb unit's policy.

  • June 21, 2022

    Ga. Justices Query Validity Of $500K Life Insurance Policy

    Georgia Supreme Court justices grappled Tuesday with the intent behind a $500,000 life insurance policy for an HIV-positive man who sold it to an investor, and whether the insured's apparent bad faith barred the investor from collecting under the policy.

  • June 21, 2022

    Calif. Panel Keeps Insurers' Opioid Coverage Suit Paused

    A California appeals court affirmed the stay of an opioid coverage dispute lodged by a number of Travelers units against a drug wholesaler and its affiliates, finding a lower court judge correctly held that a similar action proceeding in West Virginia is better suited for deciding the same issues.

  • June 21, 2022

    Funeral Home Not Covered In Cremation Suit, Insurer Argues

    AmGuard Insurance Co. told a California federal court Tuesday that it has no duty to defend or indemnify a funeral home and its directors accused of illegally cremating a woman without the family's knowledge or consent, saying coverage is barred by a professional services exclusion.

  • June 21, 2022

    Restaurant Is Owed Interest On Fire Claims, Minn. Panel Says

    A Minnesota appellate panel sent a fire-damaged restaurant's insurance suit against Auto-Owners Insurance back to a lower court, finding it should have granted prejudgment interest to the restaurant for renovations required by state and local inspectors.

  • June 21, 2022

    Ala. Justices Say Insurance Fund Immune To Fatal Fire Suit

    A liability self-insurance fund is immune from being sued for wrongful death and negligence over a fire that resulted in fatalities, injuries and property damage, Alabama's highest court ruled, saying state law bars liability against the fund for claims arising from its own alleged tortious conduct.

  • June 21, 2022

    Insurer, Hotels Drop Dispute Over Sex Trafficking Cases

    An insurer has ended its suit seeking to avoid covering hotel companies that were facing negligence and liability claims in sex trafficking cases, telling a Georgia federal judge that the underlying litigation has been settled.

  • June 17, 2022

    The Law360 400: Tracking The Largest US Law Firms

    As the legal market adjusted to pressures of a global pandemic and saw demand for complex legal services soar, many law firms spent 2021 locked in a fierce war for talent to meet ever-expanding client needs.

  • June 17, 2022

    Will BigLaw Regret Its Hiring Spree As The Economy Softens?

    The largest 200 law firms in the U.S. boosted their headcount by an average of 5.6% in 2021 — the steepest increase in five years, according to the Law360 400. Here's a look at what those numbers mean and where firms may be headed if the economy slows in the coming year.

  • June 17, 2022

    Accellion Can't Shake AIG's Suit Over Data Breach Coverage

    A Florida federal judge has dismissed two claims but allowed a breach of contract claim to move forward in a lawsuit that insurer AIG is pressing against Accellion Inc. to recover the more than $1 million it spent covering a university that was swept up in a cyberattack that hit the software vendor last year.

  • June 17, 2022

    Firm Faces Skeptical 9th Circ. In 'El Chapo' Insurance Dispute

    A private equity firm faced a skeptical Ninth Circuit panel Friday in trying to revive claims that its insurer must cover underlying litigation over a facility it sold that was overrun by El Chapo's drug cartel, with two judges saying the firm appears to contradict arguments it made previously.

  • June 17, 2022

    2nd Circ. Says Allstate Must Cover Dry-Cleaning Injury Row

    Allstate must defend and indemnify a man and his company facing personal injury claims over a fallen dry-cleaning press, the Second Circuit ruled Friday, reversing a New York federal court decision that found a Nationwide unit insuring the business was on the hook for coverage instead.

Expert Analysis

  • Recent Decisions Are Eroding All-Risk Insurance Coverage

    Author Photo

    All-risk insurance coverage is under siege by insurers' broad interpretations of established exclusions, and recent decisions in New Jersey and New Hampshire have shown that courts may not protect coverage despite the policies' text and intent, says Nicholas Insua at Reed Smith.

  • The Insurance Industry's Growing Potential Role In Gun Safety

    Author Photo

    This year has seen two unprecedented events — the passage of a municipal requirement for gun owners' liability insurance, and the Sandy Hook class action settlement — that may motivate insurers to help regulate firearms, but several reasons could hold them back, says Peter Kochenburger at UConn.

  • Opioid Case May Guide Climate Change Insurance Suits

    Author Photo

    A recent opioid case in California federal court that defined "accident" narrowly is based on allegations analogous to those in many climate change lawsuits, and may help insurers assess whether they have a duty to defend, say Dennis Anderson and Nick Dolejsi at Zelle.

  • 2 Calif. Insurance Decisions Question Boundaries Of Fortuity

    Author Photo

    Last month, California state and federal courts revisited fortuity issues in two decisions that show how the occurrence requirement and the California Insurance Code's prohibition on coverage for an insured's willful acts can be exceedingly difficult to apply to lawsuits alleging novel legal theories, say Jodi Green and Sophia von Bergen at Miller Nash.

  • Insurer Implications As 3 Climate Suits Return To State Courts

    Author Photo

    Three federal circuit courts recently remanded climate change lawsuits brought by state and local governments against major energy corporations back to state courts, where plaintiffs are more likely to succeed, thus significantly increasing their insurers' and reinsurers' exposure to defense costs and judgments, say José Umbert and Jason Reeves at Zelle. 

  • 6 Rulings Reinforce BIPA Coverage For Illinois Policyholders

    Author Photo

    Six well-reasoned recent decisions in the Northern District of Illinois have considerably strengthened policyholders’ arguments for commercial general liability coverage in lawsuits brought under the Illinois Biometric Information Privacy Act, say attorneys at Neal Gerber.

  • 'Take Home' COVID And Emerging Liability Insurance Issues

    Author Photo

    Plaintiffs may face an uphill battle in take-home COVID-19 suits — cases filed against employers when employees contract the virus at work and then infect their family members — but insurers could still be on the hook for defense costs in protracted litigation, say Melissa D'Alelio and Michael Collier at Robins Kaplan.

  • The Misinterpretation Of Pa.'s Bad Faith Claims Handling Rule

    Author Photo

    Courts applying Pennsylvania law in insurance coverage disputes, such as the recently decided Walker v. Foremost Insurance, and finding that where an insurer establishes that the subject claim is not covered by the insurer’s policy there can also be no bad faith claim by the insured, are inaccurately interpreting state law, say George Stewart and Max Louik at Reed Smith.

  • 3 Insurance Lessons From Target Data Breach Ruling

    Author Photo

    In Target v. ACE American Insurance, a Minnesota federal court recently recognized that commercial general liability policies cover losses arising from data breaches, providing useful lessons for policyholders, including a perspective on occurrence and loss of use, say attorneys at Pasich.

  • Del. Related Claims Ruling Is Good News For Insurers

    Author Photo

    The Delaware Supreme Court recently denied coverage for a shareholder class action in First Solar v. National Union First Insurance, rejecting the test for assessing relatedness-based coverage issues, and opening the door for insurers to rely on specific policy wording when evaluating related claims, say attorneys at Troutman Pepper.

  • How Sonic Boom Risk Informs 'Physical Loss' For COVID Era

    Author Photo

    Applied to today's COVID-19 business interruption insurance battles, insurers' historical treatment of damage associated with sonic booms — or explosive sounds stemming from supersonic airplane speeds — may call into question the many court rulings barring coverage for pandemic-related losses on narrow physical loss grounds, say Peter Kochenburger at the University of Connecticut and Jeffrey Stempel at University of Nevada, Las Vegas.

  • Where NY Regulator's Insurance Investigation Is Headed

    Author Photo

    The New York Department of Financial Services' recent inquiry into property and casualty insurers' usage of credit information in underwriting could precede a number of actions addressing the practice, say Matthew Gaul and Maxfield Fey at Willkie.

  • What Cos. Can Glean From Early Cyber Policy Cases

    Author Photo

    Insurance claims for cyberattacks under cyber-specific policies have thus far been less contested than claims brought under commercial, crime and professional liability policies, however that may be changing, as cyber losses and liabilities continue to escalate and the market hardens, says Daniel Healy at Anderson Kill.