General Liability

  • November 23, 2022

    3rd Circ. Says Insurer Needn't Contribute To $10M Crash Deal

    A Penn National insurer has no obligation to reimburse a CNA unit for its contribution to a $10 million settlement paid to a motorcyclist who was injured in a crash that involved the employees of the carriers' respective policyholders, a Third Circuit panel ruled.

  • November 23, 2022

    Assailant's Intent May Be Key In Ohio Coverage Showdown

    The insurance industry is divided on whether the Ohio Supreme Court will hold that application of assault and battery exclusions rely on the mental state of a perpetrator, as justices weigh coverage for claims that an adult care center negligently failed to prevent one resident from stabbing another.

  • November 22, 2022

    Frying Frozen Turkeys Risks Thanksgiving Insurance Debacle

    Buying a frozen turkey ahead of Thanksgiving? If you want to avoid filing an insurance claim for fire damage, please don't deep-fry it.

  • November 22, 2022

    MSU Insurer Freed From Nassar Abuse Defense Bills

    A Michigan State University insurer has no obligation to pay $31 million in legal bills the school incurred during investigations and lawsuits over former sports doctor Larry Nassar's sexual abuse of young gymnasts, a Michigan state judge has ruled.

  • November 22, 2022

    Goldberg Segalla Adds Insurance Litigation Vet In Chicago

    Veteran insurance attorney Daniel R. Woods said on Tuesday that he was excited to join national civil litigation law firm Goldberg Segalla LLP's global insurance services group in Chicago, leaving Condon & Cook LLC for the position.

  • November 22, 2022

    Excess Insurer Can't Skirt Defense Costs For Energy Co.

    A Texas appellate court affirmed Tuesday that excess insurer Ohio Casualty Insurance Co. must help cover defense costs for an oil field services company tied up in a settlement for several underlying worksite injury lawsuits.

  • November 22, 2022

    Motor Maker Seeks New Trial Over Hurricane Harvey Coverage

    A custom motor maker told a Texas federal judge that it deserves a new trial over Zurich's alleged failure to pay on time its claim for property damages caused by Hurricane Harvey, arguing that the judge erroneously excluded certain witness testimony key to its claims, resulting in a measly $7.27 damages award.

  • November 22, 2022

    Building Defects Coverage Fight Survives Dismissal Bid

    A Kansas federal judge denied a contractor's bid to toss or stay a lawsuit brought against it by The Cincinnati Specialty Underwriters Insurance Co., finding the companies are still locked in an active dispute over coverage obligations.

  • November 22, 2022

    6th Circ. Says No Coverage For Mich. County In Tax Suits

    The Sixth Circuit affirmed a lower court's ruling that a Michigan county doesn't have insurance coverage for proposed class actions alleging that it improperly seized and sold residential properties to satisfy tax delinquencies, pointing to an exclusion for claims stemming from tax collection.

  • November 21, 2022

    Insurer Seeks Repayment For Double Lung Transplant Suit

    A staffing company's insurer asked a Texas federal court Monday to find that another insurer was responsible for covering an underlying suit and settlement for a worker's allegations that chemical inhalation at a plastics factory resulted in his double lung transplant.

  • November 21, 2022

    Home Depot, Insurers Battle Over $50M In Credit Card Case

    Home Depot and its insurers argued in Ohio federal court over whether the chain was due $50 million in coverage for defending and settling a 2014 data breach suit over stolen credit card information.

  • November 21, 2022

    Co. Can't Use Subcontractor's Insurance For Fall Damages

    An Indiana appeals court on Monday absolved an insurance company representing a subcontractor of covering $5 million in damages against a lead contractor after a worker was injured in a job site fall, but found the insurer should contribute to legal defense costs.

  • November 21, 2022

    17-Month Delay Bars Coverage For Sign Co., Judge Says

    An Alabama federal judge relieved Nationwide Property & Casualty of covering medical expenses stemming from a policyholder's involvement in an underlying personal injury lawsuit, ruling Monday that the policyholder's 17-month delay in notifying Nationwide revokes coverage.

  • November 21, 2022

    'Quirky' TCPA Coverage Ruling Is Policy Interpretation Clinic

    The California Supreme Court took a big step forward for policyholders when it recently found that ambiguity in a policy issued by an AIG unit could lead Yahoo to have a reasonable expectation of coverage, thus potentially triggering the insurer's duty to defend against four proposed class actions over alleged privacy violations.

  • November 21, 2022

    1st Circ. Reverses Lionbridge Insurer's Coverage Win

    Lionbridge Technologies Inc.'s insurer had a duty to defend the translation services company after a trade secrets lawsuit filed in New York sketched out a defamation claim, the First Circuit said Monday in reversing a pretrial win for Valley Forge Insurance Co.

  • November 18, 2022

    Insurers Ask 11th Circ. To Dodge Fla. Atty Malpractice Claims

    A pair of insurance companies told the Eleventh Circuit that they should not have had to defend a Florida attorney in a now-dismissed state case accusing him of conspiring to defraud a client during an alleged scheme to invest in a "super car" company.

  • November 18, 2022

    W.Va. Justices Find Insurer Has $1M Obligation, Not $25K

    A man accused of backing a truck into a worker is eligible for $1 million in insurance coverage from a Progressive unit after the West Virginia Supreme Court of Appeals found that a state law voids an exclusion rather than allowing it to kick in after the law's $25,000 coverage minimum is met.

  • November 18, 2022

    Bad Faith Bill Could Dull NY's 'Pro-Insurer' Edge

    The perception of New York courts as pro-insurer venues has made the state a top choice for insurers across the country to litigate coverage disputes. A nearly decadelong legislative effort to tilt the scales back in favor of policyholders, however, remains an uphill battle.

  • November 18, 2022

    Mich. Panel Frees Insurers From Covering Store Fight Suit

    Two insurers were relieved of covering a grocery store employee seeking defense in a personal injury suit, after a Michigan appeals court ruled Thursday that a lower court erred in its interpretation of the policies.

  • November 18, 2022

    Texas High Court Won't Review Fracking Fire Coverage Row

    The Texas Supreme Court on Friday shot down Ironshore Specialty Insurance's request to review a $24 million coverage dispute stemming from a fracking well fire, leaving in place a lower court's order for a proportional allocation of coverage and forcing the insurer to cough up more than $10 million.

  • November 18, 2022

    Texas High Court Takes Up Policy Misrepresentation Query

    The Texas Supreme Court said Friday that it would review an insurer's coverage dispute over available life insurance benefits after an appellate court ruled that carriers seeking to rescind a policy based on a material misrepresentation must prove the insured's intent to deceive under the state's insurance code.

  • November 17, 2022

    Calif. Justices Open Door For TCPA Coverage In CGL Policies

    The California Supreme Court held Thursday that commercial general liability policies, like the ones held by Yahoo in its dispute with an AIG insurer, may cover liability for right-to-seclusion violations brought under the Telephone Consumer Protection Act, as long as coverage is consistent with an insured's reasonable expectations.

  • November 17, 2022

    Nursing Home Virus Cases Are Multiple Events, Court Rules

    The insurer for a national nursing home company accused of causing the wrongful deaths of numerous clients during the COVID-19 pandemic does not have to treat COVID-19 as a single event as it relates to at least 43 underlying claims against the company, a Pennsylvania federal judge found.

  • November 17, 2022

    Insurer Seeks 5th Circ. Reversal In Strip Club Ads Dispute

    A Munich Re unit urged the Fifth Circuit to reverse a Texas federal court's ruling that it must cover three strip clubs held liable for using professional models' images in advertising materials without their consent, arguing the lower court wrongly interpreted two exclusions pertaining to advertising injuries.

  • November 17, 2022

    Ga. Panel Frees Insurer From $3M Wrongful Death Judgment

    An insurer is entitled to a quick win in a suit brought by a woman seeking to recover a $3 million judgment against an oncology center in a wrongful death action, the Georgia Court of Appeals ruled, saying the policy was not in effect when the underlying suit began.

Expert Analysis

  • A Call To Action For The Coming Insurance Litigation Siege

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    Anticipating an onslaught of insurance litigation over coronavirus business interruption claims, G. Andrew Lundberg at Burford Capital paints a picture of what cooperation could look like among lawyers, courts, legislatures, regulators, insurers and policyholders dealing with this once-in-a-generation stress on the nation's judicial resources.

  • Insurers Should Act Now To Guard Against COVID-19 Claims

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    If insurers are to stanch the flow of coverage claims from policyholders impacted by the coronavirus, they must be prepared to fight and win early cases concerning property insurance and other types of policies because even small cases could set important precedents at this stage, say attorneys at Lewis Baach.

  • Reinsurers Must Prepare For Coronavirus-Related Claims

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    Given the tremendous volume of insurance claims expected as a result of COVID-19 and the possibility that these claims will lead to reinsurance cessions, reinsurers should promptly review their assumed portfolios to determine their potential exposure, say Scott Seaman and Edward Lenci at Hinshaw & Culbertson.

  • Does COVID-19 Fall Under Insurers' Pollution Exclusions?

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    Despite inconsistent rulings from state and federal courts, an analysis of bacterial and viral contamination cases provides insight on whether COVID-19 is the type of environmental harm expected to fall within insurance policies' pollution provisions, says Elise Allen at BatesCarey.

  • Should States Force Property Insurers To Cover Virus Losses?

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    A proposed New Jersey bill requiring some commercial property insurance policies to construe the coronavirus pandemic as a covered cause of loss would likely survive a contract clause challenge, but this type of law could set a dangerous precedent, say Linda Hsu and Savannah Montanez at Selman Breitman.

  • Don't Assume 'Physical Loss' Language Bars Virus Coverage

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    A recent Law360 guest article mistakenly assumes that many standard insurance policies will not cover COVID-19 business interruptions without a specialized endorsement, when in actuality courts will not automatically deny such claims because of a physical damage requirement, says Stacy Tucker at Kantor & Kantor.

  • 8 Possible Paths To Insurance Coverage For COVID-19 Losses

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    At least some insurance policies are almost certain to apply to coronavirus-related losses, and a few hypothetical situations explain how, say attorneys at Covington.

  • Future Battles Foreshadowed In First COVID-19 Insurance Suit

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    The first insurance lawsuit on record for coronavirus coverage — Oceana Grill v. Certain Underwriters at Lloyd's, filed in Louisiana state court — highlights key questions that will be echoed across the country and underscores the importance of acting now to preserve claims, says Tae Andrews at Miller Friel.

  • NJ Cos. May Have Insurance Coverage For COVID-19 Losses

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    Two New Jersey cases from 2009 and 2014 indicate that the physical injury requirement under property insurance policies may be interpreted broadly enough to apply to losses resulting from the coronavirus crisis, say Robert Chesler and Nicholas Insua at Anderson Kill.

  • Risk Mitigation Tools For Cos. Facing Coronavirus Losses

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    As the coronavirus outbreak continues to spread, companies anticipating business interruptions can look to insurance policies and alternatives like force majeure clauses to offset potential losses, say attorneys at Haynes and Boone.

  • NY Sex Abuse Insurance Suit Showcases Possible Arguments

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    Continental Insurance's complaint against the Diocese of Buffalo in a New York state court raises almost every possible defense an insurer may have against providing coverage to a policyholder accused of sex abuse under the New York Child Victims Act, say Robert Chesler and Pamela Hans of Anderson Kill.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Using Missing Facts As A Defense In NYC Asbestos Suits

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    Recent cases from the New York City Asbestos Litigation illustrate that defendants can prevail by arguing that the evidentiary record cannot support an inference of a plaintiff's exposure to asbestos, says James Lee of Hawkins Parnell.