General Liability

  • November 16, 2022

    9th Circ. Told To Reignite Fight Over Fire Loss Coverage

    Hanover American Insurance Co. must fully cover the costs from an explosion of a tank wash center on a Montana property, a tank trailer company argued to the Ninth Circuit, maintaining that the policy covering the company insured the entire parcel of land where the center was located.

  • November 16, 2022

    Insurer Asks Supreme Court To Review Exxon's $25M Award

    An insurer asked the U.S. Supreme Court to review the Second Circuit's refusal to vacate ExxonMobil's $25 million arbitration award by a judge who belatedly realized he held stock in Exxon's parent company when he was presiding over the case.

  • November 16, 2022

    Geico Says Class Can't Get Jury Trial Under 7th Amendment

    Geico asked a federal court Tuesday to toss a jury trial request in a suit affecting millions of California policyholders, arguing that under the Seventh Amendment and the state's Unfair Competition Law, a jury trial does not apply to the class' sole remaining equitable claim.

  • November 16, 2022

    Condiment Co. Not Covered For BIPA Suit, Insurer Says

    An insurer doesn't have to defend a condiment manufacturer in a proposed class action filed by its employees accusing the company of violating Illinois' Biometric Information Privacy Act, the carrier told an Illinois federal court, pointing to several policy exclusions and arguing that the company gave late notice.

  • November 16, 2022

    Berkshire Hathaway Unit Wins Policy Rescindment Dispute

    A California federal judge entered final judgment in favor of a Berkshire Hathaway unit Monday, allowing the insurer to rescind its professional liability policy issued to a medical center accused of failing to disclose medical malpractice suits in its insurance renewal application.

  • November 16, 2022

    Ill. Court Finds Auto Exclusion Bars Coverage For Crash Injury

    A woman who was injured when a carpenter struck her and her car with his truck cannot seek coverage under his commercial general liability policy, an Illinois state appeals court ruled, holding that an auto exclusion applied since the carpenter was acting as an employee when operating the vehicle.

  • November 15, 2022

    Cleaning Virus Like Mopping Floor, Insurer Tells 10th Circ.

    An attorney for Cincinnati Insurance Co. asked the Tenth Circuit on Tuesday to affirm the dismissal of an Aspen, Colorado, restaurant's COVID-19 coverage suit, comparing cleaning the coronavirus to mopping a floor.

  • November 15, 2022

    Insurers Not Liable For Cook's Sewage-Based Foot Infection

    A Massachusetts federal judge ruled insurers do not have to cover costs associated with an underlying suit over a cafeteria worker's foot infection, which he says was caused by bacteria from sewage that backed up from a floor drain in his workspace in 2016.

  • November 15, 2022

    State Farm Says Primary Insurer Must Cover Defamation Suit

    The primary insurer for a college board member is on its own in defending the board member in an underlying defamation suit, State Farm told an Illinois federal court, saying its excess policy to the member wasn't triggered.

  • November 15, 2022

    Blue Bell Tells 5th Circ. Shareholder Suit Triggers Coverage

    Blue Bell Creameries Inc. urged the Fifth Circuit to overturn a Texas district court's finding that two Travelers units had no duty to defend the ice cream maker in a shareholder suit following a fatal listeria outbreak, arguing that the lower court failed to focus on the suit's core factual allegations.

  • November 15, 2022

    Insurer Says No Need To Certify DC Virus Damage Question

    Factory Mutual Insurance asked the D.C. Circuit to deny George Washington University's request to certify a question on whether the presence of COVID-19 can cause physical loss or damage to property, pushing back on the university's attempt to continue its $1 billion business interruption coverage bid.

  • November 15, 2022

    DC Law Firm Denied Coverage For Timeshare False Ad Suit

    Hanover Insurance Co. does not owe coverage to a Washington, D.C., law firm accused of misleading consumers into thinking they could easily get out of their timeshare contracts, a Florida federal court ruled Monday, finding the firm's claim was made before its policy period began.

  • November 15, 2022

    4th Circ. Seeks W.Va. Justices' Input In Chemical Injury Suit

    The Fourth Circuit has said it needs guidance in an appeal brought by Westfield Insurance Co. over coverage for injuries suffered by individuals who allegedly developed illnesses after being exposed to chemicals that leaked from a policyholder's storage tanks, asking the West Virginia high court to weigh in.

  • November 15, 2022

    Insurer Wins Default In Hurricane Dispute With Dredging Co.

    A Texas federal judge granted an AmeriTrust unit's bid for default judgment in its coverage suit against a dredging company accused of exacerbating flood damage during Hurricane Harvey, which comes after the company failed to respond to the insurer's complaint.

  • November 14, 2022

    EBay Not Covered For Stalking Mass. Bloggers, Insurer Says

    EBay Inc.'s insurer asked a California federal court to find it isn't responsible for defending the online marketplace or its former executives in an underlying suit by a Massachusetts blogging couple who were stalked and threatened with funeral wreaths, fetal pigs and live insects by eBay employees.

  • November 14, 2022

    Defects Without Property Damage Not Covered, Judge Finds

    A Hawaii federal judge agreed with Travelers units that they don't owe coverage for claims of defective work that didn't cause property damage at a development, but declined to put a dollar amount on that portion of the allegedly defective work.

  • November 14, 2022

    Publix Says Insurers Should Defend Opioid Suits

    Publix Super Markets told a Florida federal judge that its primary, excess and umbrella insurers should defend it in suits brought by governments over the opioid epidemic, arguing that the underling actions were brought because of potentially covered bodily injuries.

  • November 14, 2022

    Policyholders Ask 3rd Circ. To Revive Stacked Coverage Suits

    Geico and USAA policyholders asked the Third Circuit to revive their proposed class actions seeking to recoup premiums paid for stacked uninsured and underinsured coverage that they allegedly did not benefit from, saying the insurers have been permitted "to reap a windfall, to the detriment of the individual consumer."

  • November 14, 2022

    Insurer Asks 1st Circ. To Affirm Defect Suit Coverage Win

    An insurer asked the First Circuit to uphold a ruling that relieved it from defending a contractor in a suit over the mismanagement of a construction project, arguing the costs associated with correcting the contractor's faulty work are not covered by its policies or supported by Massachusetts law.

  • November 10, 2022

    Accuser Wants Insurer's Sex Abuse Coverage Suit Tossed

    A Virginia federal court should turn away American Alternative Insurance Corp.'s lawsuit seeking to avoid covering two organizations in an underlying suit brought by a woman who alleged that she was sexually abused by the groups' president, she said in a memorandum Thursday.

  • November 10, 2022

    Insurer Wants Out Of Gas Driller's Row With Green Grower

    An insurer told a West Virginia federal judge it had no duty to defend a solar- and wind-powered greenhouse business against claims its structures prevented a company with leased oil and gas rights from drilling new wells.

  • November 10, 2022

    Insurer Says It Won't Cover Kind Bar Death Settlement

    Hanover American Insurance Co. told a Nebraska federal court Thursday that it is no longer responsible for covering a settlement between Kind LLC and the estate of a child who died from an allergic reaction after eating a Kind bar because the food company excluded it from negotiations.

  • November 10, 2022

    Medical Co. Can't Get Coverage For BIPA Suit, Insurers Say

    A medical device manufacturer is not covered in an underlying class action alleging violations of the Illinois Biometric Information Privacy Act, two insurers told an Illinois federal court, citing exclusions and a failure to timely notify them of the suit.

  • November 10, 2022

    Senior Care Co. Not Covered In EEOC Suit, Insurer Says

    A senior care facility is not covered in an equal employment opportunity lawsuit alleging it allowed its employees to be harassed and retaliated against them for complaining, an insurer and its agent told a Colorado federal court.

  • November 10, 2022

    Victims, Insureds Move To Settle Fatal Crash Appeal In 1st Circ.

    An XL Specialty unit along with policyholders and victims of a fatal crash at an auto auction asked the First Circuit to dismiss two appellate actions over coverage of the 2017 incident, saying the parties resolved the issues in dispute by way of a confidential settlement.

Expert Analysis

  • Ill. Insurance Coverage Cases From 2019 Settle Key Questions

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    A number of significant insurance decisions in Illinois this year — including a state Supreme Court case that reestablished certainty for malicious prosecution coverage — should have a lasting effect on Illinois coverage jurisprudence, say Jonathan Schwartz and Timothy Loftus of Goldberg Segalla.

  • Private Equity Wants To Buy Your Asbestos Liabilities

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    BorgWarner's deal to sell off its asbestos liabilities this week confirms that such sales are a viable corporate strategy that can be less expensive than, and offer disclosure advantages over, prepackaged bankruptcy and loss portfolio insurance. But they still come with a cost, and can raise trust and security issues, says Stephen Hoke of Hoke LLC.

  • 7th Circ. Ruling Reveals Broad-Exclusion Risks For Insurers

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    The Seventh Circuit's recent decision in Crum & Forster v. DVO serves as a reminder that expansive insurance policy exclusion language can be self-defeating under the so-called illusory coverage doctrine, and encourages parties to be direct and to-the-point, say Caroline Meneau and David Kroeger of Jenner & Block.

  • Vaping Crisis Raises New Liability And Insurance Issues

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    As the number of vaping-related lung illnesses continues to grow, causation and overall exposure remain elusive concepts, but historical precedent arguably provides a framework for understanding the liability and insurance coverage implications, say Jodi Green and Jonathan Viner of Nicolaides.

  • Anticipating Insurance Issues Raised By Climate Change Suits

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    Though the latest round of litigation attempting to impose public nuisance liability on businesses for global warming consequences has yet to see any insurance coverage lawsuits, that is sure to change if any of the claims gain traction, say Damon Vocke and J. Robert Renner of Duane Morris.

  • The Key Issue In Revived Sex Abuse Claim Insurance Disputes

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    With multiple states reopening the statute of limitations for survivors of childhood sexual abuse — New York's law took effect Wednesday — more insurance coverage disputes are sure to arise, and the overriding question in many of these disputes is how to quantify the number of occurrences, say attorneys at Blank Rome.

  • Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • 5 Insurance Coverage Questions Raised By Opioid Litigation

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    A look at the early footprints left by current opioid litigation reveals two insurance coverage issues in their infancy — whether alleged opioid damages were because of bodily injury or caused by an occurrence — and another three issues likely to be litigated soon, say attorneys at Wargo & French.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Climate Change And Insurance: Insurers' Subrogation Claims

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    Once the litigation floodgates open for property damage lawsuits against greenhouse gas polluters, a second wave of subrogation claims brought by first-party property insurers is likely to follow, say José Umbert and Jason Reeves of Zelle.

  • How Opioid 'Negotiating Class' Would Affect Civil Claims

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    The opioid multidistrict litigation plaintiffs' proposal for the first ever "negotiating class" highlights numerous issues with using civil litigation to create funding for a social crisis without regard to fundamental legal tenets, says Adam Fleischer of BatesCarey.

  • The Latest Developments In Criminal Cases Against Execs

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    This spring, there was some noteworthy news in white collar government investigations impacting executives, including the first successful prosecution in the opioid bribery scheme and the first criminal charges for failure to report under the Consumer Product Safety Act, say attorneys at Miller & Chevalier.

  • A Cautionary Word For Providers Of Drug Addiction Treatment

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    With the national opioid crisis outpacing the historically small addiction treatment industry, economic growth is drawing an influx of providers that are unscrupulous or inexperienced, and increased enforcement activity is following close behind, says Renee Martin of Dilworth Paxson.