General Liability

  • January 06, 2023

    Texas Court Affirms Insurer's Gas Station Coverage Win Again

    A Texas court of appeals has upheld Mid-Continent Casualty Co.'s win over its insured's fraud and deceptive trade claims stemming from a gas station leak that contaminated soil and cost millions of dollars in environmental cleanup costs, in the litigation's second appearance before the court.

  • January 06, 2023

    Mass. Justices Say No Coverage For Loss Prevention Costs

    Ken's Foods cannot recover over $2 million from a Zurich unit for costs incurred to prevent an imminent covered loss, the Massachusetts Supreme Judicial Court ruled Friday, saying it would not impose an extracontractual obligation on the insurer when the policy unambiguously does not provide coverage.

  • January 06, 2023

    Day Care, Staffer Not Covered In Toddler's Death, Insurer Says

    Progressive Hawaii Insurance Corp. has no duty to defend a now-defunct Memphis, Tennessee, day care center and its former owner from lawsuits over the hot car death of a toddler last year, the insurer said in a lawsuit Friday.

  • January 06, 2023

    NC Restaurant Co. Says Insurer Owes Defense For Arbitration

    A bar and restaurant management company is suing its insurer to recoup defense costs after a former business partner dragged one of its executives into arbitration, according to documents removing the suit to North Carolina federal court.

  • January 06, 2023

    Markel Must Pay $1M More In Day Care Injury Coverage Row

    Markel Insurance Co. must pay $1 million more to cover a Kiddie Academy franchisee that helped settle a suit for $6 million over claims of a child's severe injuries, a Maryland federal court ruled, finding that the Markel policy allows for certain coverage limit stacking.

  • January 05, 2023

    Builder's Coverage Row Is Moot, 7th Circ. Says

    The Seventh Circuit said a construction company's bid for coverage of a suit over allegedly unpaid truck leases was mooted by that case's dismissal, vacating a lower court ruling that Great Divide Insurance Co.'s defense obligation wasn't triggered.

  • January 05, 2023

    Insurers Say Blank Space In Policy Can't Increase Coverage

    Insurers led by Norwegian Hull Club told a Florida federal court that they don't owe coverage beyond $77 million already paid out to a fishing company and shipbuilder for a boat damaged in a hurricane, arguing that a blank space in an escalation clause makes the clause unusable.

  • January 05, 2023

    Sanction Insurer's 'Vexatious' Appeal, CBD Co. Tells 4th Circ.

    A CBD company is asking the Fourth Circuit to sanction its insurer over what it called a "frivolous" and "vexatious" appeal of a $6.45 million judgment in a coverage dispute, saying the appeal flies in the face of the circuit's previous opinions in the case.

  • January 05, 2023

    Insurer Escapes Defense Of Illinois Pub In Stabbing Injury Suit

    Crum & Forster Specialty Insurance Co. has no duty to defend a pub accused of negligently failing to prevent a patron from being stabbed by another patron, an Illinois federal court ruled, finding that a liquor liability exclusion was applicable.

  • January 05, 2023

    Nurse Agency Not Covered For Trademark Fight, Insurer Says

    A nurse staffing agency is not entitled to coverage for an underlying intellectual property dispute, an insurer told a California federal court, saying infringement of another agency's trademark is not a covered advertising injury offense within the policy's general liability coverage.

  • January 04, 2023

    No New Trial For Insurer In $1M Claim Row, 11th Circ. Rules

    The Eleventh Circuit affirmed a lower court's decision not to grant an insurer a new trial, agreeing that it acted in bad faith by failing to reimburse another insurer for a $1 million settlement toward an injured construction worker.

  • January 04, 2023

    Landlord Drops Capital Gazette Shooting Coverage Suit

    The Capital Gazette's landlord dropped its suit seeking defense coverage from a Chubb unit and a Travelers unit in underlying suits over the 2018 shooting at the paper's office.

  • January 04, 2023

    NJ Panel Agrees Pollution Exclusion Bars Builder's Coverage

    A group of homeowners cannot gain proceeds from a bankrupt property developer's insurance policies with Hartford and AIG units after they won a nearly $2 million judgment against the developer over their pollution claims, a New Jersey state appeals court affirmed Wednesday, finding pollution exclusions in the policies barred coverage.

  • January 04, 2023

    Progressive Unit Says Security Co. Not Covered In Death Suit

    A Progressive unit told an Oregon federal court that it shouldn't have to cover an armed security company facing negligence and wrongful death claims after a guard fatally shot a man in a parking lot, arguing that the incident falls outside the scope of the company's auto policy.

  • January 04, 2023

    Weight Loss Surgery Isn't Workers' Comp, NC Justices Told

    A preschool and its insurer have told the North Carolina Supreme Court they shouldn't have to pay for an employee's weight loss surgery after she fell while changing a light bulb, saying her obesity is not directly linked to the injuries she sustained.

  • January 04, 2023

    Texas CO Leak Claimants Ask 5th Circ. To Rethink Insurer Win

    Students and staff at a Texas school asked the Fifth Circuit to reconsider its decision to affirm a summary judgment ruling against them, arguing that expert testimony isn't necessary to determine whether a CNA unit was negligent in its inspection of a boiler that ultimately exposed them to carbon monoxide.

  • January 04, 2023

    CBD Co. Says Insurer's 'Premature' Appeal Should Be Tossed

    A cannabidiol company said the Fourth Circuit should dismiss an appeal filed by its insurer in an attempt to avoid paying a $6.45 million judgment, arguing that the appeal is premature because the district court has yet to issue a final decision regarding the amount of attorney fees owed.

  • January 04, 2023

    Insurer Must Defend Building Co. In Employee Injury Suit

    First Mercury Insurance Co. must defend a homebuilder in a construction worker's personal injury suit, a Florida federal court ruled, rejecting the insurer's bid to have evidence considered outside the underlying complaint and homebuilder's policy concerning the worker's employment status.

  • January 04, 2023

    Zurich Relieved Of Covering Bank's Ponzi Suit Costs

    A California federal court tossed a bank's amended lawsuit seeking recovery of defense costs and coverage for a portion of a $9 million settlement stemming from its alleged involvement in a Ponzi scheme, finding that the bank did not comply with a Zurich unit's notice requirements.

  • January 04, 2023

    Acuity Says It Can't Be Punished For Trial In $27M Injury Case

    Acuity defended its right to fight at trial a $27 million auto injury case over an accident involving its insureds, asking a Georgia federal judge to toss their failure-to-settle countersuit because it has exclusively paid for the underlying litigation.

  • January 03, 2023

    10th Circ. Backs Denial Of Restaurant's Virus Coverage

    The Tenth Circuit denied a now-defunct Colorado Italian restaurant's COVID-19 coverage appeal in a published opinion Tuesday, finding that it did not show any physical loss or damage that would trigger coverage under its Cincinnati Insurance Co. policy.

  • January 03, 2023

    Insurer Says Bistro Isn't Owed Defense For Patron Shooting

    An insurance company asked a Michigan federal court on Tuesday to find that it doesn't have to cover an underlying suit against a restaurant accused of contributing to the 2019 shooting death of a potential patron by failing to provide appropriate security.

  • January 03, 2023

    Publisher Seeks Coverage For Md. Shooting Suits

    A Maryland newspaper's publisher accused a Chubb unit in Illinois federal court of funneling costs from one policy to another to avoid covering the publisher's defense tab in underlying suits stemming from a fatal mass shooting at the newspaper's offices.

  • January 03, 2023

    Insurers Escape Coverage Of NJ Banquet Hall Shooting

    A New Jersey federal court allowed Harford Mutual Insurance Co. and Firstline National Insurance Co. to rescind policies they issued to restaurant owners seeking coverage for a shooting at a banquet hall in 2017, finding the owners failed to disclose the existence of the banquet hall in their insurance applications.

  • January 03, 2023

    Anthem, Nurses Dispute Level Of Skill Used In Claim Reviews

    Anthem and nurses who review claims each urged a Tennessee federal court to grant them a quick win in an overtime dispute, with the health insurer arguing that the workers' duties require a level of judgment and knowledge that exempts them from federal overtime requirements.

Expert Analysis

  • Nursing Homes May See Litigation Spike After 7th Circ. Ruling

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    The Seventh Circuit’s recent Federal Nursing Home Reform Act ruling in Talevski v. Health and Hospital Corp. opens skilled nursing facilities to federal litigation from private plaintiffs and could require exhaustion of administrative remedies before invoking state or federal court jurisdiction, say Randall Fearnow and Edward Holloran at Quarles & Brady.

  • 2 Cases Will Help Shape Opioid Litigation Insurance Coverage

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    Upcoming decisions from the Ohio and Delaware high courts in Acuity v. Masters Pharmaceutical and Rite Aid Corp. v. ACE American Insurance, respectively, on whether insurers must defend policyholders in prescription opioid litigation filed by government entities are sure to provide precedent for resolution of these coverage issues nationwide, say Courtney Horrigan and Kateri Persinger at Reed Smith.

  • Pa. Lawmakers Must Save Medical Liability Venue Rule

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    The Pennsylvania Legislature should stop the state's Civil Procedural Rules Committee from rolling back a rule banning medical malpractice forum shopping, to avoid a return to rampant liability claims in high-verdict courts, sky-high insurance premiums for doctors and less public access to care, says Curt Schroder at the Pennsylvania Coalition for Civil Justice Reform.

  • What 9th Circ. Arbitration Case May Mean For Insurance

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    If the plaintiffs in CLMS Management Services v. Amwins Brokerage of Georgia appeal the Ninth Circuit's recent decision that state law does not bar the enforcement of arbitration clauses in insurance contracts, the case may have a significant effect on the different dispute resolution options for insurers and policyholders, say attorneys at Sheppard Mullin.

  • Enviro Review Standard Tweaks May Clarify Cleanup Liability

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    Forthcoming revisions to the standard for Phase I environmental site assessments will likely afford property owners and operators clearer protection from liability for hefty environmental cleanups, so interested parties in real estate and M&A deals should pay close attention, say Lorene Boudreau at Ballard Spahr and Mitchell Wiest and Sara Redding at Roux Associates.

  • Ill. BIPA Ruling May Significantly Affect Insurers' Exposure

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    In Tims v. Black Horse Carriers, an Illinois state appeals court held that certain claims under the Illinois Biometric Information Privacy Act are subject to a one-year statute of limitations only, which may reduce commercial general liability insurers’ exposure to litigation under this act for several reasons, say attorneys at Kennedys.

  • Insurance Commissioner's Agenda: DC On Long-Term Care

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    Washington, D.C., Insurance Commissioner Karima Woods outlines the development of insurance coverage for older adults' long-term care benefits and how regulators and the industry are attempting to resolve issues with the popular product.

  • Insurance Commissioner's Agenda: Del. Tackles Mental Health

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    Delaware Insurance Commissioner Trinidad Navarro highlights the state's efforts to achieve insurance coverage parity for mental health care by confronting systemic stigma and penalizing disparate and restrictive insurance determinations.

  • Key Takeaways From The NAIC Summer National Meeting

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    Stephanie Duchene and Kara Baysinger at Willkie highlight what insurance practitioners should know about top industry priorities from the National Association of Insurance Commissioners’ recent national meeting, including climate-related risk, diversity and inclusion, and technological innovation.

  • The Complex State Of Insurance In The Cannabis Business

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    Jan Larson and Philip Sailer at Jenner & Block outline the complex cannabis regulatory schemes perplexing courts faced with insurance coverage cases and discuss legislative solutions that could at least begin to reduce the challenges for both policyholders and insurers.

  • Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • Insurance Commissioner's Agenda: Wis. Tackles Climate Risk

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    Wisconsin Commissioner of Insurance Mark Afable talks about educating consumers on potential climate-risk coverage gaps and mitigation efforts, and encouraging insurers to recognize the latter in underwriting, in the face of increasingly frequent and severe weather disasters.

  • Insurer Considerations For Post-Pandemic Virtual Mediation

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    To determine whether to continue engaging in virtual mediations after the pandemic ends, insurers should weigh the format's challenges against its benefits, including decreased hostility between parties, time and cost, and increased client participation, say Jennifer Gibbs and Amanda Rodriguez at Zelle.