General Liability

  • March 25, 2024

    Divided NC High Court Backs Insurer's Mailer Coverage Win

    A deadlocked North Carolina Supreme Court has left undisturbed a lower court's ruling that an insurer needn't cover a law firm accused of violating the Driver's Privacy Protection Act by using personal information to market legal services to crash victims.

  • March 22, 2024

    Insurer Urges 9th Circ. To Reverse LA Port Co.'s Defense Win

    United National Insurance Co. urged the Ninth Circuit on Friday to reverse a ruling that the insurer was obligated to defend a Los Angeles port company against pollution claims brought by the city, saying the lower court erroneously failed to enforce the policy's qualified pollution exclusion.

  • March 21, 2024

    AI Presents Risk To Insurers And Policyholders, Panelists Say

    The growing use of artificial intelligence presents a risk to both insurers and insureds, experts said during a webinar Thursday, advising policyholders and their attorneys on how to navigate novel issues arising from the use of AI in the insurance industry.

  • March 21, 2024

    Calif. Panel Revives Diner's COVID Sanitization Coverage Bid

    A California state appeals court revived a diner's bid for property insurance coverage of COVID-19 losses after it determined the restaurant credibly alleged direct physical losses and that the policy's language covering losses attributable to a virus applied to COVID-19 sanitization efforts.

  • March 21, 2024

    2nd Circ. To Weigh 'Claim' Meaning In Family Share Dispute

    The Second Circuit on Wednesday will hear arguments over whether a New York federal court erred in finding that a contract exclusion barred any duty a Liberty Mutual unit had to defend a propane company and two of its executives in a family shareholder dispute.

  • March 21, 2024

    6 Questions For ZestyAI CEO Attila Toth

    As California regulators push proposals aimed at luring back insurance companies to the state's challenged market, advanced modeling techniques have taken a prominent place in the debate over how to best price risk as traditional methods lose relevance. Here, Law360 talks to Attila Toth, chief executive officer of ZestyAI, a risk modeling company that sells artificial intelligence-based risk models to insurers seeking to refine their risk assessment capabilities.

  • March 21, 2024

    Insurance Litigation Week In Review

    The U.S. Supreme Court considered the NRA's free speech rights and whether an insurer had standing in bankruptcy court, Geico was slammed with a $164 million payout, the Sixth Circuit seemed hesitant to force Amway to pay its own defense costs and Metallica's COVID-19 coverage case faded to black.

  • March 21, 2024

    Calif. Regulators' Pitch On Insurance Reform Draws Scrutiny

    Two regulations proposed to help lure insurers back to California's market by speeding up the state's rate approvals and allowing insurers to use catastrophe models to set rates are drawing scrutiny as industry and consumer groups weigh their potential effects.

  • March 21, 2024

    9th Circ. Backs Rescission Of Homeowner's Property Policies

    Two Safeco insurers are entitled to rescind policies issued to a woman who misrepresented that her house wasn't used for business when in fact it was rented to short-term guests, the Ninth Circuit affirmed, saying there's no genuine issue of material fact as to the commercial use of the property.

  • March 21, 2024

    Sanitizer Co. Faces Tough Ad Injury Coverage Bid In 2nd Circ.

    A company accused of falsely advertising that its sanitizing products were effective in disinfecting surfaces faces an uphill battle, experts say, as the Second Circuit is poised to hear oral arguments Monday over whether the company is owed coverage under its commercial general liability policy for an underlying class action.

  • March 19, 2024

    Justices Lean Toward Insurer Standing In Ch. 11 Case

    The U.S. Supreme Court appeared reluctant Tuesday to uphold a Fourth Circuit ruling that Truck Insurance Exchange lacked standing to oppose the proposed Chapter 11 reorganization plan of two manufacturers facing numerous asbestos claims, noting it's Truck that must ultimately cover the vast majority of such claims. 

  • March 19, 2024

    Ky. Woman Gets $164M Verdict In Geico Roadside Crash

    A Kentucky state jury on Monday hit auto insurance giant Geico with a $164 million verdict over claims it negligently sent a tow truck out on a roadside assistance job only for it to ultimately rear-end a motorist stopped at a red light, leaving her a quadriplegic.

  • March 19, 2024

    Uber, Progressive Unit Settle NC Widower's Coverage Fight

    The widower of an Uber Eats driver who died in a car crash on the job has settled his lawsuit seeking a payout for the accident from the ride-hailing giant and its insurer, according to a notice filed in North Carolina federal court.

  • March 19, 2024

    Allstate Seeks To Trim $10M Conn. Shotgun Injury Suit

    Allstate Insurance Co. wants a Connecticut federal court to cut four of five claims from a lawsuit brought by a man demanding $10 million that he won from a homeowner who seriously injured him with a shotgun blast, arguing that the victim asserted causes of action that are duplicative or unavailable to him.

  • March 18, 2024

    Justices Tilt Toward NRA In Free Speech Row With Regulator

    A cautious U.S. Supreme Court seemed poised Monday to rule in favor of the National Rifle Association in a case over allegations that a former New York state official pressured financial institutions to cut ties to the National Rifle Association in violation of its free speech rights.

  • March 18, 2024

    Colo. Wildfire Plaintiffs Say Xcel Trial Plan Would Sow 'Chaos'

    Nearly 4,000 Colorado property owners suing Xcel Energy over a 2021 wildfire have argued that the utility's proposal to try all of their liability claims together would create a "chaotic and expensive mess" and potentially result in "serial juries" awarding different damages later on.

  • March 16, 2024

    Up Next At High Court: Gov't Jawboning & Retaliatory Arrests

    The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.

  • March 15, 2024

    Fla. Jury Lets Insurer Off Hook For $12M Award

    A Florida federal jury on Friday found that National Indemnity Company of the South did not act in bad faith in its handling of claims against a Florida Keys construction and landscaping company and the company's employee over a fatal car crash that led to an $11.8 million judgment.

  • March 14, 2024

    'Secret Meeting' Settlement OK Draws Mich. Justices' Scrutiny

    A Michigan Supreme Court justice expressed discomfort Thursday with the idea that government officials could ratify a settlement in a closed-door meeting without consequences, in a case brought by three insurers against a county government's road agency trying to back out of a settlement to which it says it never agreed. 

  • March 14, 2024

    Insurance Litigation Week In Review

    A divided Colorado Supreme Court expanded application of the state's notice-prejudice rule, the Fourth Circuit tossed a COVID-19 coverage class action and the Eighth Circuit considered whether insurers' billing agreements with healthcare providers violated Minnesota's No-Fault Act. Here, Law360 takes a look at this week's top insurance news.

  • March 14, 2024

    8th Circ. Weighs If No-Bill Agreements Break Minn. Law

    The Eighth Circuit carefully considered arguments Thursday between six Farmers units and a policyholder class as to whether the carriers' agreements with healthcare providers restricted the class's medical expense coverage in violation of Minnesota law, giving little indication of which way it leaned.

  • March 14, 2024

    Justices To Consider Insurer's Right To Participate In Ch. 11

    The U.S. Supreme Court is expected to hear arguments Tuesday on whether Truck Insurance Exchange retains standing to oppose the proposed reorganization plan of two bankrupt manufacturers facing a bevy of underlying asbestos injury claims, after the Fourth Circuit blocked Truck's opposition since the plan was "insurance neutral."

  • March 14, 2024

    Insurer Climate Info Partnership Ups Federal Monitor's Role

    A new data-sharing partnership between the U.S. Treasury and state insurance regulators reflects the government's growing interest in understanding and monitoring climate change risks to insurance markets, experts say, but questions remain over the extent to which the data will fully reflect the industry's risks and carbon footprint.

  • March 14, 2024

    4th Circ. Weighs Insurer's Duty To Defend Land-Use Dispute

    The Fourth Circuit will decide whether to overturn a West Virginia federal ruling allowing an insurer to avoid covering a sustainable farm that has been accused by the oil and gas company of blocking it from drilling wells in a $4 million state land-use dispute. Here, Law360 breaks down the case in advance of the forthcoming decision.

  • March 14, 2024

    Justices To Weigh Free Speech, Gov't Oversight In NRA Row

    The U.S. Supreme Court will hear arguments next week over whether a former New York state official illegally pressured financial institutions to cut ties to the National Rifle Association, setting up a showdown between free speech rights and regulatory oversight.

Expert Analysis

  • 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.

  • 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.