General Liability

  • December 19, 2022

    No Coverage For US Open Stadium Roof Suit, Court Told

    The construction manager for Arthur Ashe Stadium's retractable roof is not covered for an underlying dispute over a subcontractor's claim of increased costs, the manager's insurer told a New York federal court.

  • December 16, 2022

    Former AIG Unit Execs Call Ch. 11 Plan 'Dead On Arrival'

    The Delaware bankruptcy judge overseeing the Chapter 11 of American International Group Inc. subsidiary AIG Financial Products got a preview of future conflicts in the case Friday, with a group of former executives calling the company's bankruptcy plan "dead on arrival."

  • December 16, 2022

    Chubb Hires V&E Enviro Leader For New Climate Role

    Chubb Ltd. has hired a Vinson & Elkins LLP partner to serve in the newly created position of global climate officer for the insurer.

  • December 16, 2022

    State Farm Urges 9th Circ. Not To Reopen Class Action

    State Farm asked the Ninth Circuit to affirm the dismissal of a class action alleging the insurer undervalued policyholders' totaled vehicles when paying out claims, saying the appellate court already rejected a "carbon copy" of the case earlier in 2022.

  • December 16, 2022

    NC Roofer's Bad-Faith Claims Against Insurer Fail

    A roofing company's claims of bad faith and deceptive trade practices against a Travelers unit over hail storm damage must be dismissed, a North Carolina federal court ruled Friday, finding that state law bars the company from asserting tort claims based on assigned insurance rights.

  • December 16, 2022

    Lawyer, Doctor Convicted Of Fueling $31M Trip-And-Fall Scam

    A Manhattan federal jury on Friday convicted personal injury lawyer George Constantine and orthopedic surgeon Andrew Dowd of knowingly profiting from staged falls in a personal injury litigation scam that prosecutors say cost insurers and businesses $31 million.

  • December 15, 2022

    Opioid Ruling Awards Insurers 'Windfall,' 9th Circ. Warned

    Policyholder advocacy group United Policyholders urged the Ninth Circuit to overturn a California federal court decision siding with AIG and Chubb units in their opioid coverage battle with pharmaceutical distributor McKesson Corp., warning the decision would simultaneously eliminate coverage for businesses and tort victims while insurers reap "windfall" profits.

  • December 15, 2022

    AIG, Accellion Settle $1M Data Breach Dispute

    AIG and Accellion Inc. have agreed to settle a lawsuit in which the insurance company sought to recover over $1 million it spent covering a university that was swept up in a cyberattack that hit the software company two years ago, the sides told a Florida federal court Thursday.

  • December 15, 2022

    Insurer Says New Suit Clouds Coverage For Oil Co. Pollution

    An insurance company says it still should not have to defend an oil company accused of polluting Alabama waterways because an updated lawsuit in the underlying case does not include new facts that would trigger coverage and creates uncertainty about its duties.

  • December 15, 2022

    Ky. Top Court Affirms Toss Of $4.5M Verdict Against Insurer

    A split Kentucky Supreme Court on Thursday affirmed the dismissal of a $4.5 million jury verdict against Cincinnati Insurance Co. in suit alleging the insurer acted in bad faith, finding the trial court should have granted Cincinnati's bid for a directed verdict.

  • December 15, 2022

    3rd Circ. Won't Revive Health Plans' Suits Over Opioid Drug

    The Third Circuit on Thursday refused to revive suits by Humana and Centene Corp. alleging they were defrauded of millions of dollars through a conspiracy carried out by pharmaceutical company Indivior Inc. by overpaying for the opioid withdrawal drug Suboxone, ruling the insurers lacked standing to pursue claims as indirect purchasers. 

  • December 15, 2022

    Nationwide Must Cover Part Of $1.7M Property Damage Deal

    A Missouri federal judge won't allow a Nationwide unit to get out of paying its part of a $1.7 million multidistrict litigation settlement, saying the insurer was involved in negotiations and lodged its coverage dispute after the agreement was finalized.

  • December 15, 2022

    Insurer Urges 9th Circ. To Extinguish Fire Loss Coverage Fight

    Hanover American Insurance Co. urged the Ninth Circuit to toss a tank trailer company's bid for coverage of a fire at a tank wash center in Montana, noting that it did not even know of the center's existence when it had underwritten the general liability policy at issue.

  • December 15, 2022

    FICO's Product Disparagement Row Not Covered, Court Says

    Underwriters at Lloyd's of London have no duty to defend FICO against consolidated class actions accusing the credit score-modeling company of product disparagement, a Minnesota federal court ruled, finding that antitrust and consumer protection law exclusions apply.

  • December 14, 2022

    Mich. Panel Hears Latest Challenge On Auto Policy Overhaul

    A Michigan state appeals court judge on Wednesday said changes to the state's no-fault insurance law in 2019 created a host of issues in the courts, including whether the amendment applied only to new policies or existing ones when the amendment was passed.

  • December 14, 2022

    Target's Trademark Damages Not Covered, Insurer Says

    Target's damages from a trademark infringement suit with a women's fashion company were not compensatory and are clearly excluded from coverage as improper financial gain, an insurer told a Minnesota federal court.

  • December 14, 2022

    Condiment Co. Says Exclusions Don't Bar BIPA Suit Coverage

    None of the exclusions cited by a condiment manufacturer's insurer bar coverage of an underlying lawsuit against the manufacturer accusing it of violating Illinois' Biometric Information Privacy Act, the manufacturer told an Illinois federal court.

  • December 14, 2022

    Travelers Needn't Cover Wood Treatment Injury Settlement

    A South Carolina federal judge relieved The Travelers Indemnity Co. of covering a $150,000 settlement in a personal injury suit brought against a wood preserving company, but ruled that the insurer did have defense obligations and could be responsible for reimbursement of some fees and costs.

  • December 14, 2022

    4th Circ. Says Insurers Did Not Adequately Reserve Rights

    The Fourth Circuit affirmed a South Carolina homeowners association's win in a lawsuit seeking coverage for $2 million in damages from a construction company's insurers, finding that the carriers' reservation of rights letters do not provide a sufficient basis for their denials of coverage.

  • December 13, 2022

    9th Circ. Won't Revive Contractor Insurer's Fraud Suit

    The Ninth Circuit declined Tuesday to revive a Hartford unit's nearly $1 million fraudulent checks suit against California Bank & Trust on behalf of a contractor, ruling that the bank had no obligation to ensure the endorsements were legitimate.

  • December 13, 2022

    Coverage Fight Over Montana Canal Breach Headed To Trial

    A Montana federal judge denied competing motions for summary judgment from Ohio Security Insurance Co. and a canal operator, ruling that the company's liability for a breach and subsequent flood will be determined at trial.

  • December 13, 2022

    Wash. Panel Upholds Allstate Win In Condo Coverage Suit

    A Washington state appeals court affirmed Allstate Insurance Co.'s win in a coverage dispute over damages to a condominium complex building, agreeing with a trial court that the damages resulted from faulty construction and aren't covered under an owners association's all-risk commercial property policy.

  • December 13, 2022

    11th Circ. Overturns Ruling In Life Insurance Validity Row

    A life insurance policy issued to an HIV-positive man who later sold it to an investor is not void under Georgia law as an illegal human-life-wagering contract, the Eleventh Circuit said in a published opinion, following recent guidance from the Peach State's highest court.

  • December 13, 2022

    NJ Justices Clarify Insurance Brokers' Duty To Inform

    An insurance broker has to tell members of a limited liability corporation if they are not covered for workers' compensation, but isn't liable for damages unless his failure to inform arose from "willful, wanton, or grossly negligent" misconduct, the New Jersey Supreme Court ruled Tuesday.

  • December 13, 2022

    11th Circ. Doubts Ex-Ga. Insurance Chief's Jury Charge Claim

    An Eleventh Circuit panel appeared to support a jury's instructions in the federal government's $2 million embezzlement case against Georgia's former insurance commissioner, pushing back against his argument Tuesday that his conviction should be wiped.

Expert Analysis

  • NY Ruling Should Make Counsel More Cautious In Emails

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    A recent New York Appellate Division decision, Philadelphia Insurance v. Kendall, makes it much more likely that a settlement could be effectuated by simple email exchanges without more formal written documentation memorializing all the terms of the settlement, says Christopher Gorman at Abrams Fensterman.

  • 5th Circ. Data Hack Ruling May Increase Privacy Litigation

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    The recent Fifth Circuit decision in Landry’s v. Insurance Co. of the State of Pennsylvania, holding that an insurance carrier had a duty to defend a claim arising out of a data breach, could have the unfortunate effect of triggering more personal and advertising injury litigation, say Joshua Mooney and Judy Selby at Kennedys.

  • NY Asbestos Ruling Could Change Insurers' Approach

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    A New York court's recent ruling that Liberty Mutual had to pay 100% of all settlements against its bankrupt and dissolved insured, Jenkins Bros., even though its policies were in force for only part of the asbestos exposure should make insurers think twice before looking to shed some of their asbestos coverage obligations, says John Koch at Flaster Greenberg.

  • An Insurer's Guide To Policyholder Bankruptcy

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    Given the increased likelihood of policyholders filing bankruptcy petitions in the wake of the pandemic, insurance professionals must be aware of five basic principles when dealing with an insured in bankruptcy, says Eric Fitzgerald at Goldberg Segalla.

  • Insurance Language Lesson From An Opioid Ruling

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    A Kentucky federal court's recent decision that the words “because of bodily injury” did not require insurer Motorists Mutual to defend drug company Quest against damages caused by the opioid epidemic provides lessons beyond the opioid context about seeking injury definitions that may be construed to provide broader coverage, say Vivian Bickford and Caroline Meneau at Jenner & Block.

  • 3 Risk Management Lessons From Pandemic Insurance Wars

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    As appellate decisions in COVID-19 business interruption insurance claims continue to clarify the state of the law, there are some things that policyholders' lawyers and risk managers can do in the meantime to help prepare for future unforeseen events affecting coverage, says Peter Halprin at Pasich.

  • Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage

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    The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.

  • NY Badly Needs Bad Faith Bill To Hold Insurers Accountable

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    Contrary to a recent Law360 guest article that contends New York state's insurance reform bill would unfairly tip the scales against insurers, Edward Steinberg at the New York State Trial Lawyers Association argues the law is necessary to hold insurers accountable for acting in bad faith, and would protect policyholders and injured parties alike.

  • When Your 9th Circ. Case Needs California High Court Input

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    With the Ninth Circuit increasingly certifying state law questions to the California Supreme Court, litigants should pay careful attention to the rules for ancillary proceedings, study recent issues the state high court decided on certification, and consider strategic options, say attorneys at Buchalter.

  • Cos. Should Review Insurance Policies For PFAS Coverage

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    The U.S. Environmental Protection Agency’s creation of a council on perfluoroalkyl and polyfluoroalkyl substances signals the federal government's intent to accelerate PFAS-related regulatory action and enforcement — so companies with relevant liabilities must understand what their insurance policies will and won’t cover, say attorneys at Lathrop GPM.

  • Insurance Ruling Clarifies Excess Coverage For Opioid Suits

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    A Pennsylvania federal court's ruling this week in Giant Eagle v. American Guarantee Insurance, reversing an earlier finding that two excess insurers had duties to defend opioid injury suits, provides invaluable assurance to excess carriers that opioid defendants can’t use immense defense costs as a basis to leapfrog their primary coverage, says Adam Fleischer at BatesCarey.

  • Indoor Air Pollution Fix Will Require New Laws, New Tech

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    The COVID-19 pandemic, an aging population and changing workplace dynamics all foretell more exposure to indoor air pollutants, so a multidisciplinary policy approach combining technology, insurance, funding and regulation will be needed to improve indoor air quality and health, says Ann Al-Bahish at Haynes and Boone.

  • Cannabis Legalization's Effects On Insurance Industry

    Excerpt from Practical Guidance
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    Resolution of the legal uncertainty presented by the dueling federal and state approaches to cannabis will pave the way for legal cannabis businesses to access the insurance protections the industry needs for everything from workers' compensation to auto insurance to general liability, says Christy Thiems at the American Property Casualty Insurance Association.