General Liability

  • August 27, 2025

    Crash Victim Hits Progressive With Claims Over 'Regular Use'

    Progressive Insurance systematically denied auto insurance coverage under an exclusion relating to vehicles not directly insured but still regularly used, two Pennsylvania residents told a Pennsylvania state court in a proposed class action, saying that the insurer had no reasonable basis to do so.

  • August 26, 2025

    4th Circ. Revokes Class Cert. In Progressive Car Valuation Suit

    The Fourth Circuit reversed a Progressive Insurance policyholder's class certification win over certain adjustments the insurer makes when calculating the actual cash value of a totaled vehicle, saying that determining whether Progressive breached each insured's policy is a "highly individualized assessment."

  • August 26, 2025

    Clause Not Unconscionable In Jet Damage Row, 9th Circ. Says

    A "limitation of liability" provision that an aircraft services company used in a "landing card" agreement for arriving aircraft wasn't unconscionable under Nevada law, the Ninth Circuit ruled, siding against an insurer demanding that the company reimburse it for damage to a private jet stored at a Las Vegas airport.

  • August 26, 2025

    1st Circ. Says Insurer Owes No Defense In Eviction Suits

    A Liberty Mutual unit has no duty to defend a commercial real estate loan provider in underlying suits over the eviction of residents from a Massachusetts senior care facility, the First Circuit ruled, finding the insurer's denial of coverage to be reasonable.

  • August 25, 2025

    Chubb Units Say No To Test Cases In Archdiocese Ch. 11

    Insurance carriers for the Archdiocese of San Francisco urged a California bankruptcy court to reject a deal between the archdiocese and sexual abuse claimants to allow five lawsuits to proceed despite a Chapter 11 automatic stay.

  • August 25, 2025

    Co. Not Covered For $7.5M Crash Judgment, Insurer Says

    A food service distributor isn't entitled to coverage of a nearly $7.5 million judgment entered against it in a suit over a collision involving one of its trucks and another driver, an insurer told a Connecticut federal court Monday, saying the company breached the policy's notice conditions.

  • August 25, 2025

    11th Circ. Won't Rehear Lodge Shooting Coverage Dispute

    The Eleventh Circuit refused Monday to review its April finding that a jury should decide whether an insurer acted in bad faith by not settling an estate's claim over a fatal shooting that occurred at a Florida lodge.

  • August 25, 2025

    Care Facility Not Covered In Chase Crash Suit, Insurer Says

    An insurer has no duty to defend or indemnify a residential care facility or its owner in an underlying suit over a car chase that resulted in a crash and injured two women, the company told an Oregon federal court, saying the claims do not trigger the insuring agreement.

  • August 21, 2025

    Kanner & Pintaluga Seeks Sanctions Over Accident Data Suit

    Kanner & Pintaluga PA asked a Texas federal court to sanction a Houston couple and their counsel in a proposed class action accusing the firm and since-dismissed Progressive Casualty Insurance Co. of conspiring to share auto crash victims' private information, saying the claims are based on unverified and inadmissible hearsay.

  • August 21, 2025

    AI Tools Spark Debate Over Insurance Policy Interpretation

    An artificial intelligence tool drafts an insurance policy and makes a note of potential inconsistencies in language.

  • August 21, 2025

    Pa. Biz Groups, Providers, Uber Want Fault Loophole Closed

    Uber and a coalition of organizations often targeted by injury lawsuits urged a Pennsylvania appeals court to close a legal loophole that they claim largely undermines the purpose of the Fair Share Act, which limits a defendant's liability to their portion of fault.

  • August 21, 2025

    Abuse Claim Influx Raises Insurance Woes For Calif. Schools

    Legislation in California eliminated a number of claim prerequisites and the statute of limitations for childhood sexual assault survivors pursing litigation against public entities, but five years later insurance experts are sounding the alarm as to how this legislation has impacted public schools' ability to procure adequate liability coverage at a reasonable cost.

  • August 21, 2025

    Q&A: Lawmaker Takes Aim At High Property Insurance Costs

    Finding ways to make property insurance more affordable in New York is the intended outcome of a New York State Senate investigation into a crisis that's threatening to price people out of their communities, said the chair of the senate's insurance committee.

  • August 21, 2025

    Bankruptcy Trustee Axes RICO Claims Against BakerHostetler

    The trustee for the Alliance Health Liquidating Trust has agreed to drop two remaining civil racketeering claims against BakerHostetler in an adversary case stemming from the law firm's representation of a bankrupt pharmacy company in 2017.

  • August 21, 2025

    Why Del. Policyholders Should Heed CVS Opioid Claim Loss

    The Delaware Supreme Court's refusal to reverse a lower court's ruling that CVS Corp. isn't owed coverage for government, hospital and third-party payer claims for economic losses related to the company's opioid dispensing practices marks a concerning turn for policyholders incorporated in the state, a policyholder attorney told Law360.

  • August 21, 2025

    Pa. Firm Lacked Standing To Sue Legal Malpractice Insurer

    A Philadelphia law firm that dropped its bad faith lawsuit against its insurer was not a true legal entity and never had standing to sue for coverage of a legal malpractice case that ended in a $600,000 judgment, a Pennsylvania federal judge ruled Thursday.

  • August 21, 2025

    Insurance Litigation Week In Review

    Units of Chubb and AIG don't owe coverage to CVS in suits over the opioid epidemic, BP and Chevron needn't reimburse a surety $11 million, a reinsurer must face investors' misrepresentation claims, and an Allianz insurer must pay $23 million in damages and interest in an asbestos coverage suit.

  • August 21, 2025

    Canadian Insurer Manulife Taps Ex-JPMorgan Atty As GC

    Manulife, a global insurance and investment firm based in Toronto, announced Thursday it found a replacement for its outgoing general counsel, naming to the post an attorney who previously served a leadership role in JPMorgan's legal department and was general counsel for the New York-based arm of Japan's largest bank.

  • August 21, 2025

    Aegon Boosts Buyback To €400M, Weighs Moving Base To US

    Aegon NV said Thursday it is doubling its current €200 million ($233 million) share repurchase program to €400 million as the pensions and insurance specialist begins a review of plans to shift its head office to the U.S.

  • August 20, 2025

    Driver Can Sue Progressive After PIP Claim Rights Restored

    A Michigan appellate court panel ruled on Tuesday that an injured driver can proceed with her personal injury protection claims against Progressive, relying on a recent state Supreme Court decision that found those who transfer legal claims to third parties can pursue the claims if they are later transferred back. 

  • August 19, 2025

    Manufacturing Cos. Score $23M Win In Lengthy Asbestos Suit

    Two manufacturing companies involved in a long-running dispute over coverage for asbestos bodily injury claims have won $23 million from an Allianz unit for damages and interest, with a New York trial court finding the manufacturers properly determined claim liabilities. 

  • August 19, 2025

    Insurers Avoid Coverage For Alleged $8.5M Judgment Scheme

    Two insurers owed no coverage to companies facing abuse of process claims, a Minnesota federal court ruled in two separate cases decided on the same issues, finding that commercial general liability policies' coverage for malicious prosecution did not apply.

  • August 18, 2025

    Insurers Avoid Defending Ericsson In Terrorist Payment Suits

    Units of Travelers and Chubb have no duty to defend Swedish telecommunications company Ericsson Inc. over claims it paid protection money to foreign terrorist organizations so its projects and other business interests wouldn't be attacked, a Texas federal court ruled Monday.

  • August 18, 2025

    Del. Justices Reject CVS Bid For Opioid Claim Insurance

    CVS Corp. lost its bid on Monday for Delaware Supreme Court reversal of a lower court ruling rejecting the healthcare giant's argument that insurers should cover government, hospital and third-party payer claims for economic losses related to the company's opioid dispensing practices.

  • August 15, 2025

    Technology Co. Says Zurich Must Defend Shareholder Suit

    A technology company behind a brain fitness app told a Delaware federal court Friday that a Zurich unit must defend it in an underlying shareholder suit accusing the company and its directors of misappropriating funds, misleading investors and violating corporate obligations.

Expert Analysis

  • A View Of The Shifting Insurance Regulatory Landscape

    Author Photo

    Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.

  • Courts Should Nix Conferencing Rule In 1 Discovery Scenario

    Author Photo

    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Top Considerations For Insurance Companies In 2025

    Author Photo

    As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.

  • What Public View Of CEO's Killing Means For Corporate Trials

    Author Photo

    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

    Author Photo

    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Insurance Considerations For LA Wildfire Recovery

    Author Photo

    Businesses and homeowners affected by the destructive Southern California wildfires must act swiftly and strategically to navigate the complexities of the insurance recovery process, including by identifying all applicable policies, documenting damage thoroughly and keeping abreast of relevant state law, say attorneys at Morgan Lewis.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

    Author Photo

    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • What Insurers Should Know About AI Use In Litigation

    Author Photo

    As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.

  • 5 Litigation Funding Trends To Note In 2025

    Author Photo

    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • Rethinking Litigation Risk And What It Really Means To Win

    Author Photo

    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • A Federal Insurance Mandate For Private Aviation Is Overdue

    Author Photo

    A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.

  • 6 Predictions For Cyber Risk And Insurance In 2025

    Author Photo

    This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.

  • Defense Strategies For Addressing Conspiracy-Minded Jurors

    Author Photo

    As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.