General Liability
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March 14, 2023
Amtrak Loses Bid For Reversal Of Crash Coverage Defeat
A Florida federal judge rejected Amtrak's attempt to reverse its early loss in an insurance dispute with a Zurich unit, denying the railroad company a second shot at coverage for an underlying train-car collision suit.
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March 14, 2023
Ala. Homebuilder Seeks Jury Trial In Pollution Coverage Suit
A homebuilder told an Alabama federal court that it wants a jury to weigh in on a coverage dispute where an insurer claims it doesn't have to defend an oil company in underlying pollution suits brought by the homebuilder and local residents.
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March 14, 2023
Allstate Prevails As Judge Says Couple's Loss Was Ongoing
Allstate need not cover water and mold damage at a couple's home, a Georgia federal judge ruled, saying the loss was not sudden and is otherwise excluded under the policy's seepage and leakage exclusion and its mold exclusion.
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March 13, 2023
Staffing Co. Found Liable For Chrysler Workers' Crash Suits
A Michigan state judge has said Chrysler's staffing contractor broke its contractual requirement to cover the car company's legal bills from multiple lawsuits from car crashes in other states involving workers hired by RightThing's subcontractors.
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March 13, 2023
Liberty Mutual Can't Duck Spyware Suit, Customer Says
A Pennsylvania federal court has jurisdiction to hear a proposed class action accusing Liberty Mutual of using software to track customers' actions on its website without consent, the customer bringing the suit said.
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March 13, 2023
Man Blames Psychologists In Car Insurance Fraud Suit
A man who allegedly operated and managed entities owned by psychologists and is accused by Geico of car insurance fraud told a New York federal court in a cross-claim that if the fraud is found to be true, it was committed solely by the psychologists and not by him.
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March 13, 2023
Insurer Settles With Builder Booted From High-Rise Project
A subcontractor that was kicked off a project to build two high-rise apartment buildings in Seattle settled its lawsuit against a Tokio Marine unit over insurance coverage for property damage claims related to the project, the sides told a Washington federal court.
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March 13, 2023
Progressive Unit Faces Cert. Bid Over Totaled Vehicle Payouts
A Progressive unit policyholder is seeking class certification from a Tennessee federal judge after alleging the insurer undervalues the actual cash value of vehicles deemed to be total losses, saying class treatment would guarantee insureds receive any benefits they may be entitled to.
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March 13, 2023
Insurers Say Hyundai, Kia Vehicles Lack Needed Theft Tech
Liberty Mutual, American Family and dozens of other insurance companies have told a California federal court that Hyundai and Kia upped the risk of property claims by not installing immobilizers or other anti-theft tech or designs on certain trim models, skirting federal standards in the process.
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March 13, 2023
Social Services Org, Insurer Settle Wrongful Death Dispute
A social services provider and its excess insurer have settled their dispute over coverage of an underlying suit accusing the provider of neglect and abuse in the death of an autistic man, prompting a Georgia federal court to close the case Monday.
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March 13, 2023
Fishing Co., Shipbuilder Denied Jury Trial In $77M Policy Row
A dispute brought by a group of insurers against a shipbuilder over a $77 million policy for a ship damaged by a 2018 hurricane will not be presented before a jury, a Florida federal court ruled, saying the insurers properly invoked maritime jurisdiction.
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March 13, 2023
Chubb Insurers Must Cover $14.5M Mold Deal, 11th Circ. Told
Two Chubb units must cover a $14.5 million consent judgment that a Florida woman secured against her condominium's property manager over alleged mold exposure, the woman told the Eleventh Circuit, saying the insurers can't rely on an "other insurance" provision to avoid their obligations.
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March 13, 2023
Insurer Escapes Covering NC Hotel Project Suit
An insurer scored an early win in its Georgia federal court suit against a pair of construction contractors, escaping liability for a nearly $1 million settlement over faulty work on a North Carolina hotel's exterior.
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March 10, 2023
Chicken Farm Stench Suit Not Covered In Policy, Insurer Says
An insurer has asked a Georgia federal judge to find it is not obligated to defend a Gordon County poultry farm or the owner of the farmland in a suit in which neighbors allege the farm's "foul odors" have caused their property values to drop.
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March 10, 2023
Liberty Mutual Under Fire Again For Claims Approval System
A handful of Washington clinics have launched proposed class actions against Liberty Mutual Insurance Co. and its affiliates, saying the company fails to fully pay health care providers for covered services because its claims processing database caps reimbursements at certain amounts by location.
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March 10, 2023
Cobalt Investors Say Insurers Can't Escape $220M Settlement
Investors in now-bankrupt Cobalt International Energy Inc. told the Texas Supreme Court that a group of insurers must face their lawsuit seeking to recover a $220 million securities class action settlement they negotiated with Cobalt.
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March 10, 2023
HPV Suit Not Covered By Geico Auto Policy, Judge Says
Geico is not responsible for covering a policyholder against a woman's claim that she contracted HPV during sexual encounters in his vehicle, a Missouri federal court ruled Friday, saying sexual relations do not constitute a "use" of the vehicle as defined in the policy.
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March 10, 2023
Exclusion Status Unclear In Injury Coverage Fight, Judge Says
Underlying defendants in a construction injury suit cannot yet stay coverage litigation over Atain Specialty Insurance's duty to defend, a New Mexico federal court ruled, finding the parties have not fully argued whether an underlying court decision definitively establishes that an employer's liability exclusion applies.
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March 09, 2023
Insurer Wants Out Of Alleged Hotel Sex Trafficking Suits
An insurer says it has no obligation to cover hotel companies ensnared in litigation accusing them of allowing sex trafficking on their premises, urging an Atlanta federal judge to declare it has no duty to defend or indemnify Varahi Hotels LLC and Shiv Global Hotel LLC for any liability in the suits.
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March 09, 2023
Allstate Must Add UIM Coverage To Policy, 4th Circ. Told
A South Carolina woman injured in a car accident should be able to reform her insurance policy with Allstate to add $100,000 in underinsured motorist coverage, she told the Fourth Circuit, arguing that her boyfriend's decision to decline that protection on her behalf didn't satisfy the state's requirements.
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March 09, 2023
Insurer Sues Shippers To Recoup Stolen Equipment Losses
On behalf of Epson, Tokio Marine America Insurance Co. filed two lawsuits Thursday against prominent shipping companies to recoup losses connected to a stolen shipment of printers, scanners and projectors en route to Indiana.
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March 09, 2023
Hinshaw Snags Florida Insurance Pro From Litchfield Cavo
Hinshaw & Culbertson LLP announced the growth of its global insurance services practice Thursday with the addition of experienced insurer-side attorney and incoming partner Gary I. Khutorsky, who joined the firm's Fort Lauderdale, Florida, office from Litchfield Cavo LLP.
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March 09, 2023
AIG Can't Duck Plane Crash Coverage Suit, Court Told
An AIG unit cannot escape a coverage dispute over a deadly 2019 plane crash, the families impacted by the crash told a Louisiana federal court, saying the insurer owes coverage under a $5 million personal liability policy that it issued to a real estate developer who co-owned the aircraft.
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March 09, 2023
Travelers Unit Can't Escape Punitive Damages In Breaker Suit
A Traveler's unit was unsuccessful in dismissing a transformer company's claim for punitive damages after a California federal judge concluded that the company sufficiently argued the insurer's refusal to defend the underlying suit alleging it installed defective circuit breakers and cover the subsequent settlement was intentional and malicious.
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March 09, 2023
Insurer Drops Bid To Avoid Coverage In Bee Deaths Suit
Sentry Select Insurance Co. agreed to permanently end its Michigan federal court suit seeking to avoid covering a North Dakota trucking company over the deaths of more than 500 hives' worth of bees it was transporting.
Expert Analysis
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Fla. Evidence Code Update Lowers Burden For Image Use
Florida's recent evidence code change permits judicial notice of images and certain other graphics, a hugely meaningful development for litigants across a wide range of practice areas, though the effect will likely be immediately felt in property insurance cases, say Eve Cann and David Levin at Baker Donelson.
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7th Circ. 'Reasonable Costs' Ruling Is A Win For Policyholders
The Seventh Circuit's decision in USA Gymnastics v. Liberty Insurance last month establishes useful precedent for policyholders, affirming and expanding on its rule that defense costs are presumed to be reasonable and necessary when insurers breach their duty to defend, say attorneys at Reed Smith.
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A Road Map To Insurance For PFAS Claims And Suits
In light of an uptick in regulation and litigation surrounding per- and polyfluoroalkyl substances, product manufacturers potentially facing down massive liability settlements must properly investigate and understand the full scope of insurance available, says Jodi Green at Miller Nash.
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Forecasting A Rise In 11th Circ. State Court Class Actions
Two recent opinions from the Eleventh Circuit have created an unusual landscape that may result in a substantial increase of class action litigation in state courts, particularly in Florida, that will be unable to utilize removal tools such as the Class Action Fairness Act, says Alec Schultz at Hilgers Graben.
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Readying Companies For PFAS Regulation And Liability
Managing the uptick in regulatory oversight of per- and polyfluoroalkyl substances and the potential civil liability for companies will require action now, from performing audits and reviewing insurance coverage to considering the Texas two-step merger method, say attorneys at Haynes and Boone.
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Contra Proferentem Will Remain Alive And Well In NY
Although a recent Law360 guest article argues that a New York state court's decision in Brooklyn Union Gas v. Century Indemnity creates a blanket exception to the principle that contractual ambiguities are construed against the drafter, leading appellate decisions suggest that the exception would only be applied under narrow circumstances, say attorneys at Pillsbury.
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Pa. Cannabis Banking Law Won't Allay Finance Industry Fears
Though a new Pennsylvania law allows financial institutions and insurers to provide services to the state’s legal cannabis industry, it’s unlikely to assuage most financial industry operators’ fears of federal reprisal, and their reluctance to work with cannabis businesses will surely persist, says Michael Sampson at Leech Tishman.
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NY Insurance Ruling Reveals Limits Of Contra Proferentem
A New York state court's decision in Brooklyn Union Gas v. Century Indemnity, finding that there's no need to construe an ambiguous policy against an insurer when the policyholder is a sophisticated company, shows that contesting the application of the contra proferentem rule is gaining more traction in courts, say John Ewell and Joanna Roberto at Gerber Ciano.
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What Wis. Anti-Assignment Ruling Means For Policyholders
A Wisconsin state court's recent decision in Pepsi-Cola v. Employers Insurance Co. of Wausau makes pivotal the question of when a loss occurs, meaning that policyholders subject to anti-assignment clauses cannot simply rely on plain contractual language, say Brian Scarbrough and Daniel Ergas at Jenner & Block.
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Taming Plaintiffs' Thriving 'Reptile' Tactics: How To Start
As rising social inflation increases the danger of plaintiffs attorneys' reptile tactics, which appeal to primal emotions instead of logic, defendants should carefully consider 22 strategies that can be employed in pretrial strategy or via traditional courtroom tools, say Scott Seaman and Diane Webster at Hinshaw.
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Taming Plaintiffs' Thriving 'Reptile' Tactics: Why It's Time
As insurers and corporate policyholders are looking down the dangerous double barrel of price level and social inflation, it's important to examine what they can do to contain a leading driver of social inflation — plaintiffs lawyers' reptile theory, which positions jurors as guardians against dangers for society, say Scott Seaman and Diane Webster at Hinshaw.
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Recent Decisions Are Eroding All-Risk Insurance Coverage
All-risk insurance coverage is under siege by insurers' broad interpretations of established exclusions, and recent decisions in New Jersey and New Hampshire have shown that courts may not protect coverage despite the policies' text and intent, says Nicholas Insua at Reed Smith.
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The Insurance Industry's Growing Potential Role In Gun Safety
This year has seen two unprecedented events — the passage of a municipal requirement for gun owners' liability insurance, and the Sandy Hook class action settlement — that may motivate insurers to help regulate firearms, but several reasons could hold them back, says Peter Kochenburger at UConn.