General Liability

  • November 04, 2022

    Lenders Call Serta's 2020 Debt Recap An 'Unlawful Scheme'

    A group of Serta Simmons Bedding lenders have filed suit in New York state court claiming the mattress company's 2020 loan recapitalization was an "unlawful scheme" that rendered their $600 million in debt essentially worthless.

  • November 04, 2022

    Harvard's $15M Insurance Loss May Prompt Notice Reckoning

    A Zurich unit's $15 million coverage win over Harvard University underscores the need for institutions to scrutinize their policies' notice provisions to make sure they're not left holding the bag for millions in defense costs because of a technical miscue, legal experts say.

  • November 04, 2022

    Insurer Must Defend Mass. Ice Cream Co. In Worker's Suit

    Union Insurance Company must provide coverage to an ice cream distributor in a suit alleging it exposed an employee to freezing temperatures, a Massachusetts federal judge ruled Friday.

  • November 04, 2022

    Gas Station Says HDI Botched Defense Of Brain Injury Suit

    A gas station operator said HDI Global Insurance Co. breached its contractual obligations, acted in bad faith and violated Washington law when it failed to settle a suit brought by a man who was beaten and injured at the gas station, which resulted in an $81.9 million adverse judgment.

  • November 04, 2022

    Class Decertified In Coinsurance Miscalculation Suit

    An Arkansas federal court decertified a class of insured property owners in the state who argued Auto-Owners Insurance Co. cheated them by intentionally miscalculating the value of their covered properties to collect more in coinsurance.

  • November 04, 2022

    Travelers Settles $1.1M Claim Over Tossed Pies

    An upstate New York pie company reached a settlement with Travelers Property Casualty Co. of America over its $1.1 million claim for the loss and disposal of pies after a freezer accident.

  • November 04, 2022

    Liberty Mutual Says No Coverage For Grocery Store Fight Suit

    A Liberty Mutual unit said it does not owe coverage to a policyholder for injuries sustained by another man in a physical altercation at a Georgia grocery store, telling a federal court that the incident does not constitute an occurrence to trigger coverage under the insured's homeowners policy.

  • November 03, 2022

    Selman Breitman To Close, Spin Off Insurance Team

    Selman Breitman LLP announced Thursday that it will wind down at the beginning of 2023 and spin off its insurance practice group into a new law firm.

  • November 03, 2022

    Insurer Won't Defend Contractor From Texas Hotel Flood Suit

    James River Insurance Co. asked a Texas federal court Thursday to declare that it has no duty to defend a contractor from an underlying negligence lawsuit, arguing that the claims against the company are either not covered or specifically excluded.

  • November 03, 2022

    Exclusion Relieves Arch From Covering Scaffolding Fall

    Arch Specialty Insurance Co. has no duty to defend or indemnify two contractors facing a worker's personal injury suit, a New York federal court ruled Thursday, finding there is "uncontroverted evidence" that the worker's injury claims stemmed from a type of stucco work that its insured's policy specifically excluded.

  • November 03, 2022

    State Farm Suit Belongs In Pa. High Court, 3rd Circ. Told

    A Keystone State man called on the Third Circuit on Thursday to ask the Pennsylvania Supreme Court to review his bid to revive class claims over State Farm's denial of underinsured motorist benefits based on a household exclusion that he says is invalid under the high court's precedent.

  • November 03, 2022

    Insurer's Bid For Win In Fatal Fall Suit Rejected

    An employer's liability exclusion clearly forecloses any duty Atain Insurance has to cover a general contractor in a wrongful death suit, a Pennsylvania federal court found, while leaving the door open for the contractor to still potentially secure coverage.

  • November 03, 2022

    Primary Insurer Ignores Excess Coverage Ruling, Court Told

    An insurance agency's excess insurer asked a Texas federal court to reject a request by the agency's primary carrier to reconsider its decision on when the excess carrier was obligated to cover the agency for a multimillion-dollar judgment, saying the primary carrier "glosses over" a prior ruling.

  • November 03, 2022

    Insurer Doesn't Owe Coverage In Construction Suit, Court Says

    An insurer has no duty to defend or indemnify a construction manager sued over defects discovered at an apartment building, a Florida federal court ruled, finding that the policy's professional services exclusion bars coverage of the property owner's underlying suit.

  • November 02, 2022

    Split SC High Court Says Woman Can Stack UIM Coverage

    A woman who was injured in a car wreck can seek underinsured motorist coverage under each of several auto policies she had with State Farm, a split South Carolina Supreme Court said Wednesday, finding that the policies had ambiguous language on whether "stacking" was permitted for rental cars.

  • November 02, 2022

    Pollution Exclusion Frees Insurer From $175M Suit

    Federal Insurance Company has been dismissed from Kuhlman Electric Corporation's Mississippi state court case seeking coverage from insurers for more than $175 million in costs associated with underlying environmental regulatory and tort claims.

  • November 02, 2022

    2nd Circ. Upholds Travel Insurer's Win In Virus Coverage Suit

    Travel insurer Generali has no duty to cover various policyholders seeking reimbursement for trip cancellations amid the height of the COVID-19 pandemic in 2020, the Second Circuit affirmed Wednesday.

  • November 02, 2022

    Insurer Says Banquet Hall Not Covered For Shooting Suit

    An insurer doesn't have to defend a now-defunct banquet hall and its former owners from an underlying lawsuit over a fatal shooting, the carrier told a Georgia federal court, arguing several policy exclusions come into play, including one for assault and battery.

  • November 02, 2022

    Insurer Can't Change Judge's Mind In Shooting Coverage Suit

    A Georgia federal judge refused to reconsider a recent decision holding that an insurer cannot rely on a firearms exclusion to bar coverage of a suit brought against the owner of a Peach State apartment complex where a man was shot and killed last year.

  • November 01, 2022

    Late Notice Dooms Insurer's Case For Safelite Suit Coverage

    Ace American Insurance Co. cannot be reimbursed by auto glass company Safelite Group Inc.'s other insurers for nearly $5 million it spent defending the company against a competitor's claim that it misled customers regarding whether windshield cracks over 6 inches could safely be repaired, an Ohio federal judge said.

  • November 01, 2022

    Insurer Needn't Cover Engineer In NJ MRI Machine Explosion

    A CNA unit is not obligated to cover an engineer sued over injuries caused by an MRI machine explosion at an animal hospital, a New Jersey appeals court affirmed Tuesday, saying coverage was not available because a lease agreement for the machine expired before the incident.

  • November 01, 2022

    Pa. Couple Denied Coverage In Gun Case Tied To Shooter Son

    A Chubb unit and Hudson Insurance unit have no coverage duties for two parents whose son was found guilty of two homicides and now face a civil suit from one victim's mother, a Pennsylvania federal court ruled, finding that the suit is "rife" with allegations of intentional conduct.

  • November 01, 2022

    9th Circ. Urged To Uphold $2M Stem-Cell Injury Suit Coverage

    A health care company asked the Ninth Circuit to affirm a California federal court's ruling that its insurer must cover a $2 million settlement over a botched stem-cell injection, saying the Hanover unit is not entitled to reimbursement because it failed to negate its duties to defend and indemnify.

  • October 31, 2022

    2M Geico Policyholders Win Class Cert. In COVID Rebate Suit

    A California federal judge on Monday certified a class of at least 2 million Geico policyholders in the Golden State who say the insurer's pandemic "giveback" rebate was woefully lacking, finding that the policyholders' claims are worthy of class treatment.

  • October 31, 2022

    Ga. Appeals Court Frees Insurer From Collision Suit

    The Georgia Court of Appeals said Monday that a rental company employee can't get coverage for injuries she sustained on the job, finding the worker wasn't inside her company's work truck when she was struck by another vehicle.

Expert Analysis

  • Insurers Are Well-Positioned To Address Opioid Epidemic

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    By combining effective education, prevention, behavioral health care and evidence-based treatment, health insurance providers are making real progress in the fight against opioid addiction, says Matthew Eyles of America's Health Insurance Plans.

  • How Corporate Reputation Risk Is Exacerbating D&O Liability

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    At a time when the materiality of corporate reputation risk is widely recognized, but institutional safeguards against that risk are not, what are the implications for directors and officers? The current state of play is not comforting, says Nir Kossovsky of Steel City Re.

  • Know The Limits To Atty Public Statements During A Trial

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    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Clarifying The Scope Of Bankruptcy Code 3rd-Party Injunction

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    The Third Circuit’s decision last month in W.R. Grace contains valuable lessons for insurers on the benefits that can be obtained by a third-party injunction issued under Section 524(g)(4) of the Bankruptcy Code, say Craig Goldblatt and Nancy Manzer of WilmerHale.

  • Payors Share Some Responsibility For The Opioid Epidemic

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    Recently, well-known commercial insurance companies and government health insurance programs like Medicare and Medicaid have come under scrutiny for their role in allegedly getting and keeping patients addicted to opioid painkillers while not doing enough to help curb the epidemic, says Joy Stephenson-Laws of Stephenson Acquisto and Colman.

  • How 2 Cases Have Settled NY Insurance Allocation Law

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    The past two years have seen insurance coverage lawyers coming to terms with the impact of two landscape-changing decisions from New York's highest court, Viking Pump and Keyspan. Together, these cases make clear that under New York law, the allocation approach that will apply to long tail claims is governed by the presence of certain policy language, say Cort Malone and Vivian Michael of Anderson Kill PC.

  • Fortuity Rules May Incite Coverage Row Over Opioid Lawsuits

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    Recent cases like Miami-Luken v. Navigators emphasize that losses must be accidental and fortuitous to be covered by insurance. Since most opioid lawsuits allege that defendants knowingly caused harm, companion insurance coverage suits will continue to raise issues such as prior knowledge and known loss, say Monica Sullivan and Jodi Green of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • The Opioid Epidemic: Who Will Jurors Hold Accountable?

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    Hardly a day goes by where we don’t hear about another lawsuit being filed accusing pharmaceutical companies, distributors, hospitals and pharmacies of fueling the country’s addiction to opioids. But without any of these cases reaching a jury to date, it can be difficult to predict how jurors will react to these claims, says Christina Marinakis of Litigation Insights.

  • 6 Upcoming Supreme Court Cases That Will Affect Insurance

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    Next term, the U.S. Supreme Court will hear six cases that might impact insurers, reinsurers and other financial services institutions. These cases will address asbestos, immunity and exemption, class action and arbitration issues, say Mark Bradford and Damon Vocke of Duane Morris LLP.

  • DOJ's Health Care Enforcement Initiative Is Still Going Strong

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    Last month, the U.S. Department of Justice released the results of its ninth annual health care fraud takedown, an aggregation of criminal, civil and administrative health care-related actions. It appears that the DOJ and its law enforcement partners are sticking to many of the same enforcement areas that were central to last year's takedown, say Melissa Jampol and George Breen of Epstein Becker Green.

  • Claimants Shouldn't Be Forced To Disclose Litigation Funding

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    Many have compared the Litigation Funding Transparency Act — recently introduced in the Senate — to the established requirement that defendants disclose insurance coverage information. But the bill would result in costly discovery sideshows that unnecessarily burden claimants and courts, say Matthew Harrison and John Harabedian of Bentham IMF.

  • Highlights Of Proposed Medicare Payment And Policy Rules

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    The Centers for Medicare & Medicaid Services recently released a deluge of proposed Medicare payment updates and policy changes for hospitals and post-acute providers. Key themes emerging from the proposal include encouraging price transparency, promoting exchange of health care data and easing the regulatory burden on providers, say attorneys with Morgan Lewis & Bockius LLP.

  • No Smoke But Alarms Are Ringing: Insurance For E-Cigarettes

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    Litigation over e-cigarettes has thus far been limited to claims arising out of malfunctioning devices, but injury claims that result from widespread use of e-cigarettes that function exactly as intended will involve numerous interesting and contested insurance coverage issues, says Jonathan Viner of Nicolaides Fink Thorpe Michaelides Sullivan LLP.