General Liability

  • December 07, 2022

    Int'l Co. Asks 9th Circ. To Reconsider Virus Coverage Loss

    Tao Group Holdings LLC asked the Ninth Circuit to rehear its COVID-19 property insurance coverage appeal against a Liberty Mutual unit and grant a stay in the case, arguing that an upcoming New York state court decision could undermine its previous ruling.

  • December 06, 2022

    Awning Co.'s Insurer Must Cover Hotel Injury Suit, Court Told

    An insurer for the TWA Hotel asked a New York federal court Tuesday to rule an awning company's insurer cannot escape defense and indemnity obligations owed after a worker filed suit for injuries he suffered on the job at the hotel.

  • December 06, 2022

    Apartment Co. Not Covered For Asbestos Suit, Insurer Says

    An apartment complex and property manager are not entitled to coverage for an asbestos-related personal injury suit, an insurer told a New York federal court, saying its policy doesn't cover the alleged exposure because it occurred decades before the policy's retroactive date.

  • December 06, 2022

    No Additional Insured Coverage In Injury Suit, Insurer Says

    Houston Casualty Co.'s bid to secure defense from Allied World Assurance Co. for a construction project owner and general contractor in a worker's underlying injury suit must be denied, Allied World told a New York federal court Tuesday, arguing key factual issues remain.

  • December 06, 2022

    9th Circ. Remands Yahoo TCPA Suit After Calif. Justices Silent

    The Ninth Circuit on Tuesday sent back to district court Yahoo's bid to force an AIG insurer to fund its defense of Telephone Consumer Protection Act lawsuits accusing the web services provider of sending unsolicited text messages, after the California Supreme Court's silence on whether Yahoo is entitled to a defense.

  • December 06, 2022

    No Coverage For Girls School In Mental Injury Suit, Court Told

    A Markel unit said it doesn't owe coverage to a therapeutic boarding school accused of inflicting emotional distress on its former students, telling a Montana federal court that the underlying claims for damages were made and reported after the policy expired.

  • December 06, 2022

    Northrop Can't Upend Loss In Pollution Coverage Fight

    Northrop Grumman Corp. must wait until the resolution of an underlying proposed class action accusing it of decades-long environmental contamination before it can learn if Chubb unit Century Indemnity Co. has any coverage obligations to the aerospace giant, a New York federal court ruled.

  • December 06, 2022

    Insurer Doesn't Owe Coverage For Ga. Water Pollution Claims

    Grange Insurance does not owe coverage to a Georgia thermoplastics recycling facility in a proposed class action over the alleged release of so-called forever chemicals into state waterways, a Georgia federal court ruled, finding the policy's total pollution exclusion unambiguously bars coverage.

  • December 05, 2022

    Insurer Tells 7th Circ. It Owes No Defense To Swine Farm

    Indemnity Insurance Co. of North America on Monday pushed the Seventh Circuit to let it avoid reimbursing two other insurers for roughly $1.2 million for their defense of a swine farm operator against claims that its farms emitted noxious odors that unlawfully impeded the use of its neighbors' property.

  • December 05, 2022

    Insurer Again Asks To Duck Defending Grocer In BIPA Suit

    A grocery chain's insurer again asked an Illinois federal court for an early determination that it need not defend the chain in a suit accusing it of violating Illinois' Biometric Information Privacy Act, saying the statute of limitations had expired for all potentially covered underlying claims.

  • December 05, 2022

    State Farm Escapes Injury Coverage After 9th Circ. Reversal

    A State Farm unit has no coverage obligations for a worker's injury lawsuit against a mail transport company, a Montana federal court ruled, pointing to a workers' compensation exclusion in the company's policy after the Ninth Circuit found that the Montana court had erred in interpreting a separate, related exclusion.

  • December 05, 2022

    McGlinchey Hires 3 Maritime Attys In New Orleans

    McGlinchey Stafford PLLC announced Monday that it has hired two members and an associate who specialize in maritime law to its enterprise litigation and investigations practice group in New Orleans.

  • December 05, 2022

    Calif. Restaurant's $2M Wine Theft Suit Headed To State Court

    A California Italian restaurant robbed of $2 million in wine succeeded in getting its case for insurance coverage remanded to California state court.

  • December 05, 2022

    Exclusions Bar Coverage In $17M Shooting Suit, Insurer Says

    The insurer for a now-shuttered bar and restaurant said it does not owe coverage for a mass shooting that resulted in a $17 million jury verdict for a victim, telling a Texas federal court that its policy excludes coverage for firearms, assault and abuse.

  • December 02, 2022

    9th Circ. Breathes New Life Into Forklift Parade Coverage Suit

    An insurer can't get out of covering a forklift driver accused in a $1 million suit of injuring a bystander during a forklift parade, the Ninth Circuit ruled Friday, finding that a policy's mobile equipment exclusion is ambiguous.

  • December 02, 2022

    Georgia-Pacific Wants Paper Mill Suit Cut Down

    Georgia-Pacific LLC on Thursday asked a Washington federal judge to throw out most of a lawsuit by Nippon Paper Industries USA, arguing that the suit wrongfully seeks to hold it alone responsible for contamination cleanup costs associated with a paper mill on the Port Angeles Harbor.

  • December 02, 2022

    Insurer Says No Coverage For $8M Parking Garage Verdict

    A Nationwide unit asked an Indiana federal judge to find that it doesn't have to cover an $8 million jury verdict against a contractor tasked with inspecting and repairing an Indianapolis parking garage.

  • December 02, 2022

    9th Circ. Lets Insurers Join $3.2M Superfund Cleanup Dispute

    A group of insurers is permitted to intervene in a California agency's $3.2 million suit against a bankrupt policyholder over remediation costs at a Superfund site, the Ninth Circuit ruled, finding that the carriers had a legally protected interest in preventing the entry of default judgment against their insured.

  • December 02, 2022

    Marina Blames Agent In Party Barge Injury Coverage Suit

    An Austin, Texas-area marina's insurance agent is to blame if a Texas federal court finds the marina failed to report a party barge passenger's accident in a timely manner, the marina told the court, saying the agent was responsible for reporting the accident to its insurer.

  • December 02, 2022

    Colo. Panel Validates Policy's Workers' Comp Exclusion

    A Colorado appeals court affirmed the dismissal of a lawsuit filed by a man accusing his insurer of limiting his medical benefits through his policy's workers' compensation exclusion, ruling the exclusion is enforceable and he isn't entitled to medical payment benefits under his personal automobile insurance policy.

  • December 02, 2022

    9th Circ. Tosses Insurer's Win In Off-Road Auto Coverage Spat

    A Ninth Circuit panel threw out an insurer's win in a dispute over coverage of a motorbike crash in a sand dune field, finding that the lower court sidestepped whether a public area known as the "sand highway" is considered a public road under the policy.

  • December 01, 2022

    Geico Urges Judge To Abstain In COVID Rebate Class Action

    Geico urged a California federal court to abstain from revising rates in a class action accusing the insurer of woefully low COVID-19 rebates, arguing that deciding rates is a complex matter better left to insurance regulators.

  • December 01, 2022

    Unlicensed Doctor Negates Med Center's Coverage, Court Told

    An insurer told a California federal court it has no defense obligations to a medical center accused of allowing an unlicensed physician to treat a patient, citing a licensure exclusion in the center's policy.

  • December 01, 2022

    Wi-Fi Co. Says Insurer Must Cover $13M Trade Secrets Award

    An in-flight wireless services provider told a North Carolina federal court that its insurer must cover a $12.5 million judgment the company was forced to pay in an underlying trade secrets dispute, saying the insurer wrongfully used exclusions to deny coverage.

  • December 01, 2022

    Hartford Unit Settles With Colliers In Suit Over Defense Duty

    Maxum Indemnity Co. has settled a case by commercial real estate agency Colliers International-Atlanta LLC over its duty to defend Colliers against claims of liability for a corrupt broker, just three weeks after a Georgia federal judge ruled the duty existed until it didn't.

Expert Analysis

  • Courts Shouldn't Consider Bodily Injury Claims In Opioid Suits

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    Although public nuisance claims are driving opioid lawsuits, some recent court decisions are making a mistake by blurring the distinction between claims for individual injury and claims for governmental abatement funding, potentially manufacturing unintended insurance coverage and depleting insurance where it is actually needed, says Adam Fleischer at BatesCarey.

  • Pandemic-Era Civil Jury Trials Require Constitutional Scrutiny

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    Courts should carefully consider the constitutional rights of litigants before restarting civil jury trials amid the pandemic, because inadequate remote voir dire procedures and evidentiary handicaps due to health safety measures could amount to the denial of a fair trial by an impartial jury, say attorneys at Rumberger Kirk.

  • Restaurant Virus Coverage Ruling Is An Outlier

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    Though a Missouri federal court allowed a group of hair salons and restaurants to sue for COVID-19 business interruption losses, Studio 417 v. Cincinnati Insurance is easily distinguishable from other virus insurance coverage cases, contradicts existing case law and offers prospects for minimal recovery at best, say Keith Moskowitz and Erin Bradham at Dentons.

  • Restaurant Virus Coverage Ruling Offers Insight For Insureds

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    A Missouri federal court’s recent decision allowing hair salon and restaurant owners to pursue COVID-19 insurance coverage class action claims in Studio 417 v. The Cincinnati Insurance Co. reminds policyholders of the importance of arguing that COVID-19 is a physical substance, and that physical loss and physical damage must be defined separately, say attorneys at Reed Smith.

  • Lessons From Asbestos Can Help Resolve Opioid Liabilities

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    The effects of opioid litigation and settlements on pharmaceutical companies, insurers and others could be financially devastating, so affected entities should consider a practice used by companies with asbestos liabilities — a restructuring that separates those liabilities from ongoing operations, say consultants at Nathan Associates and Financial Asset Recovery Analytics.

  • Ambiguity Favors Insureds In COVID-19 Coverage Disputes

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    The rule that ambiguous insurance policy language should be construed against the carrier serves as a strong argument for policyholders in business interruption coverage litigation related to COVID-19, but the assertion has been invoked infrequently, say Jay Angoff and Joshua Karsh at Mehri & Skalet.

  • Cos. Can Sell Future Asbestos Liabilities To Avoid Bankruptcy

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    Bankruptcy has become an increasingly common solution for asbestos defendants, but the sale of contingent liabilities to a third party may provide a less complex and costly resolution of asbestos claims, say Milan Ceppi and Charles Oswald at Financial Asset Recovery Analytics.

  • Mich. Ruling Isn't Last Word On COVID-19 Insurance Claims

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    Although a Michigan state court dismissed the plaintiff's business interruption claim in Gavrilides Management v. Michigan Insurance, distinguishing features of the first dispositive decision in a COVID-19 coverage dispute will limit its impact on similar insurance litigation, say attorneys at Haynes and Boone.

  • Ohio Ruling Adds To Insurance Uncertainty For Opioid Suits

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    An Ohio appeals court's recent decision in Acuity v. Masters Pharmaceutical fails to address an insurer's duty to indemnify policyholders embattled in opioid litigation, only amplifying the uncertainty surrounding insurance coverage for opioid judgments and settlements, say attorneys at Nicolaides.

  • How COVID-19 May Change Environmental M&A Due Diligence

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    As M&A transactions face increased scrutiny in the pandemic-stressed economic landscape, environmental due diligence must address changing business imperatives and reflect evolving health and safety concerns, says Michael Bittner at Ramboll.

  • Regulatory Estoppel Does Not Invalidate The Virus Exclusion

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    Some policyholders seeking coverage for losses stemming from COVID-19 are arguing that virus exclusions are invalid due to regulatory estoppel, but this theory lacks substance and threatens to undermine formal clarifications of insurance policy intent, say Jonathan Schwartz and Colin Willmott at Goldberg Segalla.

  • Leaving The Tort System Behind Via Corporate Risk Transfer

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    With an increasingly litigious tort environment for corporate defendants, companies holding legacy liabilities would do well to investigate a capital markets solution for transferring their risks, say Mark Hemmann at FARA LLC and Peter Kelso at Roux Associates.

  • History Can Inform Pandemic Biz Interruption Insurance Cases

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    Historical catastrophes like the SARS epidemic, the 9/11 terrorist attacks and asbestos exposure provide helpful context for understanding the scale of current insurance litigation stemming from coronavirus-related business interruption, say Anne Gron and Georgi Tsvetkov at AlixPartners.