General Liability

  • August 02, 2021

    Chubb Unit Fights Defense For Smithfield Foods Stench Suit

    A Chubb unit asked the North Carolina Supreme Court to overturn a ruling that it must defend pork processor Smithfield in a nuisance suit accusing the company of foul practices at a hog farm, saying Smithfield retained its own counsel.

  • August 02, 2021

    Insurer Wants Amazon To Pay For Solar Generator House Fire

    American Family Mutual Insurance Co. is seeking reimbursement from Amazon for the cost of repairing fire damage at a couple's home caused by a solar generator purchased through the e-commerce platform, according to a lawsuit filed Monday in Minnesota federal court.

  • August 02, 2021

    Pawnshops Seek 1 Deductible For Floyd Protest Damage

    The owner of 14 pawnshops in Minnesota and Wisconsin is suing Affiliated FM Insurance Co., alleging that it charged separate $10,000 deductibles for each store after they were damaged during unrest following the police killing of George Floyd.

  • July 30, 2021

    Calif. Report Mulls Novel Insurance For Climate Change Fight

    California's residents are struggling with higher insurance costs due to wildfires and rising temperatures, but some experts see hope in recommendations to the state insurance department for a first-of-its-kind climate insurance that could potentially encourage measures to curb the effects of a warming planet.

  • July 29, 2021

    2nd Circ. Sides With Reinsurers In Asbestos Coverage Suits

    The Second Circuit on Thursday dashed Utica Mutual Insurance Co.'s efforts in two separate cases to obtain additional reimbursement for its coverage of a wave of asbestos litigation against a pump manufacturer, saying Utica's reinsurers were only required to cover defense costs within umbrella policy limits.

  • July 29, 2021

    Insurer Can't Escape Hotel Owner's $20M Burst Pipe Suit

    A Louisiana federal judge rejected United National Insurance Co.'s bid to toss a Wyndham Garden hotel owner's suit seeking $20 million, saying the insurer failed to prove that the policyholder does not have the standing to bring claims.

  • July 28, 2021

    Marsh Inc. Escapes Claim Over Asbestos Coverage Advice

    A shipping company's negligence claim accusing an insurance broker of providing faulty advice on coverage for asbestos claims brought by seamen was dismissed as untimely by a New York federal judge.

  • July 28, 2021

    Insurer Eludes Coverage Of Sex-Trafficking Suit Against Pa. Inn

    Nautilus Insurance Co. is not required to defend a motel against allegations in an amended sex-trafficking suit, a Pennsylvania federal judge ruled, finding that the issue of coverage has already been decided and upheld by the Third Circuit.

  • July 26, 2021

    Fire Cleanup Worker's Lung Injury Not Covered, Insurer Says

    Wesco Insurance Co. says in a California federal court lawsuit that a policy's pollution exclusion relieves it of any duty to cover a construction company named in a truck driver's action saying he developed lung disease after inhaling toxic fumes while cleaning up wildfire debris.

  • July 26, 2021

    2nd. Circ. Upholds Insurer's Win On NYU Storm Coverage

    The Second Circuit ruled Monday that New York University cannot tap into a general $1.85 billion policy limit with Factory Mutual Insurance Co. for losses sustained during Superstorm Sandy, upholding a lower court's decision that NYU cannot get coverage beyond the $40 million sublimit.

  • July 26, 2021

    Massage Oil Co. Drops Indemnity Bid In Class Action Fight

    Admiral Insurance Co. told a Texas federal court it has settled a coverage dispute with a massage oil maker related to a proposed products liability class action in Houston, saying the oil maker has agreed not to seek indemnification from Admiral in the underlying suit.

  • July 23, 2021

    Utica Mutual Sues Reinsurer For $2.7 Million In Asbestos Bills

    Utica Mutual Insurance Co. has filed a suit in New York federal court seeking $2.7 million from Munich Reinsurance America Inc. for expenses stemming from asbestos claims against a pump manufacturer.

  • July 23, 2021

    Farmers Unit Wants Beauty Salon's Virus Case Moved To NY

    A Farmers Insurance unit told a California federal judge that a beauty salon's proposed class action alleging COVID-19 property damage should be transferred to New York or reviewed by the Ninth Circuit before it can move forward.

  • July 23, 2021

    NJ Magnesium Maker Says Insurer Must Cover Explosion

    Reade Manufacturing Co. has asked a New Jersey federal judge to declare that Liberty Mutual Fire Insurance Co. must cover the magnesium maker in three underlying suits alleging that the company's negligence caused a deadly explosion in Idaho. 

  • July 22, 2021

    Travelers Must Pay For Construction Injury Suit, Lloyd's Says

    Travelers Casualty Insurance Co. shirked its responsibility to defend a New York contractor in litigation over a construction site accident, unfairly leaving Lloyd's of London underwriters stuck with the bill for all the costs, according to a lawsuit filed Thursday in New York federal court.

  • July 22, 2021

    Hoguet Newman Adds Ex-Schlam Stone Insurance Atty In NY

    Hoguet Newman Regal & Kenney LLP is beefing up its insurance recovery practice with the addition of a longtime insurance attorney from Schlam Stone & Dolan LLP, the firm said.

  • July 22, 2021

    Builder Tells 1st Circ. It Didn't Breach Arch Contract Bond

    A Massachusetts contractor told the First Circuit that it didn't fail to meet its surety bond obligations to Arch Insurance Co. when it didn't fire a subcontractor over shoddy work after a Boston-area building project was complete.

  • July 21, 2021

    NJ Justices To Review Insurer's Arbitration Fight With Condo

    The New Jersey Supreme Court has agreed to review an appeals court's reinstatement of a condominium association's suit seeking a $1.73 million judgment from Kinsale Insurance Co. over its policyholder's construction defects.

  • July 20, 2021

    Pa. Car Dealers Lose COVID Insurance Row Due To Exclusion

    Employers Mutual Casualty Co. is not responsible for covering a Pennsylvania car dealership owner's COVID-19 losses because its policy expressly excludes viruses, a federal judge ruled Tuesday, adding another case to the pile of pandemic suits against insurers that have been dismissed by trial courts.

  • July 20, 2021

    Technicolor Insurers Dodge Defense Of Taiwan Class Suit

    Numerous primary and excess insurers for Technicolor USA Inc. are not responsible for covering $2.78 million in defense costs it incurred in a 2016 class action brought in Taiwan by former workers who claimed injuries following exposure to toxic chemicals, an Indiana state court judge ruled.

  • July 20, 2021

    Broker Doesn't Belong In Virus Coverage Suit, Judge Advises

    An insurance broker should be dismissed from a Pennsylvania restaurant's ongoing COVID-19 coverage lawsuit against Cincinnati Casualty Co., a Pennsylvania magistrate judge recommended Monday.

  • July 20, 2021

    Athletes Slam Insurer For Trying To Stop Abuse Arbitration

    A group of female athletes leveling charges of sexual abuse against USA Taekwondo asked a Colorado federal court to allow arbitration with the organization to proceed despite an effort by its insurer to obtain a blocking order.

  • July 20, 2021

    Insurer Wants Out Of Holiday Inn Owner's BIPA Violation Suit

    Aspen Specialty Insurance asked an Illinois federal judge to clear it from an underlying action accusing a Holiday Inn franchisee of improperly collecting employees' biometric data, saying the policy's exclusions bar coverage.

  • July 19, 2021

    11th Circ. Told To Void Insurer's Win In Virus Coverage Suit

    A clothing boutique asked the Eleventh Circuit on Monday to throw out a ruling dismissing its insurance dispute over losses caused by the COVID-19 pandemic, arguing that a magistrate judge used an extreme definition of loss to find that coverage was not warranted.

  • July 19, 2021

    Insurer Loses Bid To Escape Carbon Monoxide Coverage Suit

    Burlington Insurance Co. can't refuse to defend a horse treadmill manufacturer in a suit over carbon monoxide poisoning, a Wyoming federal judge ruled Friday, finding that the gas isn't an environmental pollutant that would trigger a coverage exclusion in the policy.

Expert Analysis

  • 5th Circ. Data Hack Ruling May Increase Privacy Litigation

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    The recent Fifth Circuit decision in Landry’s v. Insurance Co. of the State of Pennsylvania, holding that an insurance carrier had a duty to defend a claim arising out of a data breach, could have the unfortunate effect of triggering more personal and advertising injury litigation, say Joshua Mooney and Judy Selby at Kennedys.

  • NY Asbestos Ruling Could Change Insurers' Approach

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    A New York court's recent ruling that Liberty Mutual had to pay 100% of all settlements against its bankrupt and dissolved insured, Jenkins Bros., even though its policies were in force for only part of the asbestos exposure should make insurers think twice before looking to shed some of their asbestos coverage obligations, says John Koch at Flaster Greenberg.

  • An Insurer's Guide To Policyholder Bankruptcy

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    Given the increased likelihood of policyholders filing bankruptcy petitions in the wake of the pandemic, insurance professionals must be aware of five basic principles when dealing with an insured in bankruptcy, says Eric Fitzgerald at Goldberg Segalla.

  • Insurance Language Lesson From An Opioid Ruling

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    A Kentucky federal court's recent decision that the words “because of bodily injury” did not require insurer Motorists Mutual to defend drug company Quest against damages caused by the opioid epidemic provides lessons beyond the opioid context about seeking injury definitions that may be construed to provide broader coverage, say Vivian Bickford and Caroline Meneau at Jenner & Block.

  • 3 Risk Management Lessons From Pandemic Insurance Wars

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    As appellate decisions in COVID-19 business interruption insurance claims continue to clarify the state of the law, there are some things that policyholders' lawyers and risk managers can do in the meantime to help prepare for future unforeseen events affecting coverage, says Peter Halprin at Pasich.

  • Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage

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    The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.

  • NY Badly Needs Bad Faith Bill To Hold Insurers Accountable

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    Contrary to a recent Law360 guest article that contends New York state's insurance reform bill would unfairly tip the scales against insurers, Edward Steinberg at the New York State Trial Lawyers Association argues the law is necessary to hold insurers accountable for acting in bad faith, and would protect policyholders and injured parties alike.

  • When Your 9th Circ. Case Needs California High Court Input

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    With the Ninth Circuit increasingly certifying state law questions to the California Supreme Court, litigants should pay careful attention to the rules for ancillary proceedings, study recent issues the state high court decided on certification, and consider strategic options, say attorneys at Buchalter.

  • Cos. Should Review Insurance Policies For PFAS Coverage

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    The U.S. Environmental Protection Agency’s creation of a council on perfluoroalkyl and polyfluoroalkyl substances signals the federal government's intent to accelerate PFAS-related regulatory action and enforcement — so companies with relevant liabilities must understand what their insurance policies will and won’t cover, say attorneys at Lathrop GPM.

  • Insurance Ruling Clarifies Excess Coverage For Opioid Suits

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    A Pennsylvania federal court's ruling this week in Giant Eagle v. American Guarantee Insurance, reversing an earlier finding that two excess insurers had duties to defend opioid injury suits, provides invaluable assurance to excess carriers that opioid defendants can’t use immense defense costs as a basis to leapfrog their primary coverage, says Adam Fleischer at BatesCarey.

  • Indoor Air Pollution Fix Will Require New Laws, New Tech

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    The COVID-19 pandemic, an aging population and changing workplace dynamics all foretell more exposure to indoor air pollutants, so a multidisciplinary policy approach combining technology, insurance, funding and regulation will be needed to improve indoor air quality and health, says Ann Al-Bahish at Haynes and Boone.

  • Cannabis Legalization's Effects On Insurance Industry

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    Resolution of the legal uncertainty presented by the dueling federal and state approaches to cannabis will pave the way for legal cannabis businesses to access the insurance protections the industry needs for everything from workers' compensation to auto insurance to general liability, says Christy Thiems at the American Property Casualty Insurance Association.