General Liability

  • December 12, 2022

    RI High Court Upholds Travelers' Win In Bias Coverage Fight

    The Rhode Island Supreme Court affirmed the majority of an insurer's win in a coverage dispute over its duty to defend a medical center accused of discrimination, but also ruled that the trial court prematurely decided the issue of whether the insurer acted in bad faith.

  • December 12, 2022

    Tokio Marine Unit Wants $24M From Texas Oil Drilling Co.

    An energy- and aviation-focused unit of insurance giant Tokio Marine Holdings Inc. asked a Texas federal judge to order the operator of an oil company to post more than $24 million in collateral security and pay past-due bond premiums to live up to an indemnity agreement.

  • December 12, 2022

    Colo. Justices To Mull Prejudice Rule In Hail Coverage Dispute

    The Colorado Supreme Court agreed Monday to review whether the state's notice-prejudice rule should apply to a Liberty Mutual policyholder's suit for coverage of hail damage if the insurer is unable to show that it suffered any adverse effects from untimely notice.

  • December 12, 2022

    Insurer Owes Defense In Fireworks Injury Suit, Court Told

    A woman who said her child was injured by defective fireworks sold by a self-storage business asked a Florida federal court for a quick win in her coverage fight with a Liberty Mutual unit that insured the company, saying the seller's liability falls within the coverage afforded by its policy.

  • December 12, 2022

    Insurer Abandons Bid To Rescind Navy Subcontractor's Policy

    An insurer agreed to drop claims seeking rescission of a policy it issued to a construction company in a coverage dispute over allegedly shoddy work on a U.S. Navy school, the insurer told a Virginia federal court, but other claims remain in play.

  • December 09, 2022

    Jury Clears Excess Insurer After Multimillion-Dollar Verdict

    A Texas federal jury on Friday evening said an excess insurer didn't have to pay back its primary insurer after the primary was hit with a multimillion-dollar judgment. 

  • December 09, 2022

    The Biggest Environmental Insurance Stories In 2022

    Hurricane Ian's destruction in Florida was the biggest property insurance story in another year characterized by efforts to adapt to a changing climate, including flood insurance reform and shareholder actions against some of the largest insurers.

  • December 09, 2022

    4th Circ. Affirms Win For Insurers In Hot Air Balloon Accident

    A Fourth Circuit panel affirmed a district court decision limiting insurance claims to $100,000 for two passengers who were injured in a hot air balloon accident, agreeing with the insurer's argument that their status as "passengers" limited the monetary recovery they were entitled to.

  • December 09, 2022

    Nev. Justices Nix Travelers' Suit Over $160M Resort Verdict

    A Travelers unit cannot pursue a bad faith claim over allegations that a fellow excess insurer botched the settlement of a personal injury action against the owner of Las Vegas' Cosmopolitan luxury resort that later resulted in a $160.5 million verdict, the Nevada Supreme Court ruled. 

  • December 09, 2022

    NY Panel Says Insurer Can't Prove Intent In High School Fight

    An insurer can't rely on an intentional acts exclusion in a coverage dispute over injuries a high school security monitor said she suffered while breaking up a fight between students, a New York state appeals court said, noting the staffer never alleged that the student meant to hit her.

  • December 09, 2022

    Horse-Drawn Buggy Is Not A Car, Del. Judge Rules

    A Delaware woman cannot get uninsured motorist coverage from State Farm after her collision with a horse-drawn buggy, a state court ruled, finding that such a buggy falls outside the definition of "uninsured motor vehicle" in the policy.

  • December 08, 2022

    5th Circ. Mulls Formaldehyde Exposure Coverage Suit Revival

    A timberland company took a shot at reviving a dispute over coverage for formaldehyde exposure suits, telling a reserved Fifth Circuit panel during oral arguments Thursday that a Louisiana federal court erred in dismissing the action based solely on a misnomer in the underlying complaints.

  • December 08, 2022

    Insurer Wants Out Of Injury Suit Due To Omitted Airbnb Listing

    Mt. Hawley Insurance Co. told a South Carolina federal court Thursday that it owes no coverage to a property owner and management company for an injury lawsuit from a man who fell 15 feet at one of their properties, arguing that the companies were renting the home through Airbnb and Vrbo without the insurer's knowledge.

  • December 08, 2022

    McKesson Asks 9th Circ. To Overturn Opioid Defense Ruling

    McKesson Corp. urged the Ninth Circuit on Wednesday to reverse a California federal judge's ruling absolving three insurers of defending it in litigation over the opioid epidemic, arguing that there is a duty to defend because it didn't intend to cause the injuries alleged in the underlying suits when it distributed the prescription painkillers.

  • December 08, 2022

    Judge Rejects Condo's Bid To Dismiss Its Hail Damage Suit

    A North Carolina federal judge rejected a condominium association's attempt to voluntarily dismiss its hail damage suit against Nationwide unit Scottsdale Insurance Co., finding that the request came too close to the case's pretrial deadlines.

  • December 08, 2022

    Ace, Accellion Reach Deal In $2M Law Firm Data Breach Suit

    Attorneys for a Chubb unit and an online file-transfer company have told a California federal judge they've come to an agreement to end a lawsuit over a $2 million ransom paid to hackers by a Boston law firm.

  • December 08, 2022

    Boy Scouts' Ch. 11 Supporters Urge Court To Uphold Plan

    The Boy Scouts of America's Chapter 11 plan was proposed in good faith and is fair and equitable to survivors of sexual abuse, its supporters said in court filings Wednesday, urging a Delaware federal court to uphold a bankruptcy court's confirmation of the plan.

  • December 08, 2022

    Hartford Unit Can't Upend Energy Co.'s IP Suit Coverage Win

    A Texas federal judge refused to rethink a recent decision that a Hartford unit must defend an energy consulting company and its employee accused of copyright infringement, saying the insurer has not identified newly discovered evidence or a manifest error of law that would warrant reconsideration.

  • December 07, 2022

    Insurer Slams Discrimination Claim In Spat With Medical Co.

    An insurer suing a medical center and its owners over coverage of an underlying wrongful death suit filed by the family of an infant patient urged a Washington federal judge to toss one of the owners' claims of gender discrimination, saying it amounts to libel.

  • December 07, 2022

    Insurers Escape Coverage Of Software Co. In Oracle IP Row

    Three excess insurers of software company Rimini Street Inc. have no coverage obligations in its underlying copyright infringement battle with Oracle, an Illinois federal court ruled Wednesday, finding that exclusions barring coverage for claims arising from previous actions were applicable.

  • December 07, 2022

    Insurer And Exhaust Fan Co. Settle $2.5M Hotel Fire Suit

    An insurer agreed to settle its $2.5 million property damage suit against the seller of a defective bathroom exhaust fan that led to a hotel fire in 2020, putting an end to the insurer's negligence claims.

  • December 07, 2022

    Contracting Cos. Say Insurer Must Defend Defect Claims

    The First Circuit should reverse Admiral Insurance Co.'s win in a dispute over coverage for a construction defect suit, contracting companies told the court Wednesday, saying the underlying suit includes allegations of property damage that are sufficient to trigger their insurer's duty to defend.

  • December 07, 2022

    Swiss Re Says No Coverage For Utilities In Pollution Litigation

    A Swiss Re unit asked a Pennsylvania federal court to find that it doesn't have to defend two water utilities in underlying suits accusing one of allowing lead to contaminate an Illinois town's water supply, arguing the utilities must satisfy a $10 million retention before pollution coverage kicks in.

  • December 07, 2022

    Liberty Mutual Disputes $7M Expense Bill For Explosion Suits

    Liberty Mutual Insurance Co. asked an Indiana federal court to find that it owes $157,000 at most in legal expense reimbursements to an engineering company for suits stemming from a 2013 gas explosion, not $7.5 million.

  • December 07, 2022

    Defective QVC Pressure Cooker Suit Shipped To Federal Court

    The TV shopping channel QVC Inc. along with makers of an allegedly defective pressure cooker sold on the network have had a case against them for device-related fire damages removed Wednesday to Washington federal court.

Expert Analysis

  • Biden Admin.'s Climate Strategy Should Include Insurance Innovations

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    To successfully meet the Biden administration's climate-related goals, the federal government must fill gaps in state regulation of environmental insurance, and help create an insurance framework that incentivizes and facilitates carbon impact reduction in four key areas, say Michael Hill and Paul Tetenbaum at Blue Dot Climate Insurance.

  • Where Health Care Enforcement Is Headed Under Biden

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    Early actions by President Joe Biden's administration signal a robust health care enforcement environment in which federal agencies will aggressively scrutinize pandemic-related and Medicare Advantage fraud, nursing homes, and medical technology, and False Claims Act activity will likely increase, say attorneys at Alston & Bird.

  • Key Considerations For Litigation Settlement Trustees

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    Robert Weiss and David Vanaskey at Wilmington Trust describe some of the core considerations for trustees that administer settlements resulting from mass tort and class action litigation, based on their experience working on the Volkswagen diesel emissions settlement.

  • 3 Key Environmental Takeaways From Biden's First 30 Days

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    President Joe Biden has heavily prioritized environmental policy during his first month in office, with three key themes emerging that will immediately change enforcement practices and affect regulated industries, say attorneys at Gibson Dunn.

  • What Airports Need To Know About PFAS Risks

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    As Congress, federal regulators and litigants express increasing concern over the dangers of per- and polyfluoroalkyl substances, airports are in the spotlight as likely sites of PFAS contamination — so airport management and boards should take steps now to prepare for regulation and litigation, say Renée Martin-Nagle and David Rockman at Eckert Seamans.

  • Time For Cos. To Walk The Walk On Environmental Justice

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    With the Biden administration pledging to consider environmental justice across all agencies and in all federal decisions, companies must candidly assess their operations in order to make sure their statements on environmental justice are backed by measurable results, say attorneys at King & Spalding.

  • Economic Loss Is Key To Pandemic Insurance Suits

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    Decades of case law distinguishing between economic loss and property damage may support commercial property insurance policyholders in litigation with insurers who argue that COVID-19-related losses do not constitute physical damage, says Micah Skidmore at Haynes and Boone.

  • State AGs' 2020 Actions Offer Hints At 2021 Priorities

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    A review of state attorney general actions in 2020 addressing consumer concerns including data privacy, product safety and marketplace competition can help companies prepare for the expected regulatory enforcement wave in 2021, say attorneys at Troutman Pepper.

  • 10 Most Significant Insurance Coverage Decisions Of 2020

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    Though COVID-19 was unquestionably the biggest insurance story of 2020, the most noteworthy decisions of the year had definitive impact on issues like injury-in-fact triggers and concurrent causation, says Randy Maniloff at White and Williams LLP.

  • 5 Major Drug And Medical Device Developments In 2020

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    In addition to the increased activity and scrutiny COVID-19 brought to the drug and device industries in 2020, major developments included the continued momentum of snap removal and renewed U.S. Supreme Court interest in the scope of state courts' jurisdiction, say attorneys at Faegre Drinker.

  • Actions Cos. Can Take Now To Address Microplastics Risk

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    Recent reports on the prevalence of microplastics in the environment underscore potential liabilities companies may face in relation to this emerging contaminant, and the importance of acting now to manage risks while the science and regulations are still evolving, say Shannon Broome and Dan Grucza at Hunton and David Gratson at Environmental Standards.

  • The State Of Consumer Class Actions Amid COVID-19

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    While the pandemic has slowed the filing of consumer class actions, they remain a significant part of the litigation landscape — with false labeling claims remaining particularly popular, likely because they are easy to file and frequently survive motions to dismiss, say attorneys at Skadden.

  • Courts Are Not Confused About Opioid Insurance Suits

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    Although a recent Law360 guest article claimed that confusion has seeped into decisions concerning insurance coverage for opioid lawsuits, courts have addressed the issue clearly and consistently in holding that commercial general liability policies cover the defense of such cases, say attorneys at Miller Friel.