General Liability

Expert Analysis

• Priority Of Coverage Lessons From 2nd Circ. Insurance Ruling

  

  The recent Second Circuit decision in Century Surety v. Metropolitan Transit Authority — holding that, for priority of coverage determination, a contractual indemnity agreement governs over an insurance policy's terms — highlights the importance of understanding how the dynamics between commercial contracts and insurance policies may help shift liability, say Syed Ahmad and Yaniel Abreu at Hunton.

• Insurance Commissioner's Agenda: NY On Industry Diversity

  

  My Chi To, executive deputy superintendent of the New York State Department of Financial Services Insurance Division, discusses steps her agency is taking to promote diversity, equity and inclusion within the insurance industry and suggests practices for companies to consider adopting.

• Insurance Considerations Amid Increased Use Of Drones

  

  The growing use and rapidly evolving regulation of drone technology across industries raise tricky insurance coverage questions and increase exposure to third-party liability and first-party loss, say attorneys at Covington & Burling.

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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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.