General Liability

  • November 01, 2022

    Insurer Needn't Cover Engineer In NJ MRI Machine Explosion

    A CNA unit is not obligated to cover an engineer sued over injuries caused by an MRI machine explosion at an animal hospital, a New Jersey appeals court affirmed Tuesday, saying coverage was not available because a lease agreement for the machine expired before the incident.

  • November 01, 2022

    Pa. Couple Denied Coverage In Gun Case Tied To Shooter Son

    A Chubb unit and Hudson Insurance unit have no coverage duties for two parents whose son was found guilty of two homicides and now face a civil suit from one victim's mother, a Pennsylvania federal court ruled, finding that the suit is "rife" with allegations of intentional conduct.

  • November 01, 2022

    9th Circ. Urged To Uphold $2M Stem-Cell Injury Suit Coverage

    A health care company asked the Ninth Circuit to affirm a California federal court's ruling that its insurer must cover a $2 million settlement over a botched stem-cell injection, saying the Hanover unit is not entitled to reimbursement because it failed to negate its duties to defend and indemnify.

  • October 31, 2022

    2M Geico Policyholders Win Class Cert. In COVID Rebate Suit

    A California federal judge on Monday certified a class of at least 2 million Geico policyholders in the Golden State who say the insurer's pandemic "giveback" rebate was woefully lacking, finding that the policyholders' claims are worthy of class treatment.

  • October 31, 2022

    Ga. Appeals Court Frees Insurer From Collision Suit

    The Georgia Court of Appeals said Monday that a rental company employee can't get coverage for injuries she sustained on the job, finding the worker wasn't inside her company's work truck when she was struck by another vehicle.

  • October 31, 2022

    Insurer Denied Win In Fatal Overdose Coverage Dispute

    An insurer can't get a quick win in its bid to avoid defending a convenience store owner and an employee facing an underlying suit over a woman's fatal overdose, a Connecticut federal judge ruled Monday, saying there are factual issues concerning whether there was an occurrence that would trigger coverage.

  • October 31, 2022

    Insurer's Suit Against Houston's Can't Be Resolved Yet

    A Georgia federal judge has denied bids by both an insurer and a restaurant company to toss a lawsuit over who must defend a worker in his underlying suit claiming he was injured while cleaning a kitchen, saying the court can't yet determine the parties' legal relationship.

  • October 31, 2022

    Pilgrim's Wants Out Of Coverage Dispute Over Pollution Suit

    Global poultry and pork producer Pilgrim's Pride should be removed from Grange Insurance's declaratory action seeking to escape coverage of an underlying environmental nuisance suit, Pilgrim's told a Georgia federal court Monday, noting it has not sought any rights under the Grange policy.

  • October 31, 2022

    Insurer Avoids Defending Miami Beach In Injury Suit

    Security National Insurance Co. has no duty to defend the city of Miami Beach in an underlying personal injury suit against a drainage company, a Florida federal court ruled, finding that a claim for vicarious liability against the city needed to be brought forward, not allegations of direct liability.

  • October 31, 2022

    Ill. Panel Affirms CNA Units' Duty To Defend Asbestos Suits

    A group of CNA insurers breached their contractual duties to defend engineering firm Sargent & Lundy LLC against nearly 250 asbestos exposure suits, an Illinois state appeals court affirmed, also holding that the firm is not entitled to prejudgment interest on its $2.7 million damages award.

  • October 28, 2022

    USAG, Liberty Mutual Unit End Dispute Over Nassar Award

    USA Gymnastics agreed to dismiss its bankruptcy insurance case against a Liberty Mutual unit Friday, ending years of litigation following a $380 million settlement with victims of former team doctor and convicted sexual abuser Larry Nassar.

  • October 28, 2022

    5th Circ. Finds Additional Coverage For Art Center Collapse

    The Fifth Circuit in an unpublished opinion Friday broadened coverage for expenses incurred by a Mississippi city after the partial collapse of a performing arts center, but concluded that a majority of the costs are not covered due to the policy's owned-property exclusion.

  • October 28, 2022

    Suit On State Farm's Vehicle Valuation Premature, Judge Says

    A Georgia federal court Friday tossed a proposed class action accusing State Farm Mutual Automobile Insurance Co. of systematically undervaluing totaled vehicles, finding the lead plaintiff failed to abide by his auto policy's appraisal provisions before taking the insurer to court.

  • October 28, 2022

    Hartford Unit Drops Suit Over Atty Feud Coverage

    A Hartford unit is dropping a lawsuit it filed earlier this year seeking to avoid covering a Las Vegas law firm in underlying litigation involving the firm's current and former partners, the insurer told a Nevada federal court Friday.

  • October 28, 2022

    Superstorm Sandy Leaves Long Insurance Legacy At 10 Years

    Ten years after Superstorm Sandy pummeled New York and the tri-state area, more homeowners and businesses are attuned to insurance coverage needs for storms, but concerns remain that highly urbanized areas are particularly vulnerable to natural disasters.

  • October 28, 2022

    Travelers Says No Coverage For Electric Co.'s Injury Dispute

    A Travelers unit said it doesn't owe coverage to an electrical company facing a $100,000 default judgment for its alleged failure to secure a live wire that injured a plumber at a work site, telling a Michigan federal court that the company breached its contractual duties under the policy.

  • October 28, 2022

    3rd Circ. Upholds No Coverage For Pa. Sex Trafficking Claims

    An insurer can stay out of covering a suburban Philadelphia inn's legal costs stemming from a trio of suits brought by women who say they were trafficked for sex and abused in its rooms, as the Third Circuit upheld a ruling Friday saying the claims are exempt under its policy.

  • October 28, 2022

    Insurer, Texas Co. Settle $1.2M Hail Damage Coverage Suit

    Seneca Insurance Co. has reached a settlement with a commercial property owner in a Texas federal suit over coverage of hail damage, according to a joint stipulation to dismiss the suit.

  • October 28, 2022

    Factual Issues Remain In Roof Coverage Row, Judge Says

    Republic-Vanguard Insurance Co. cannot yet escape coverage of a nearly $860,000 damages award to a church over faulty workmanship claims, a Kansas federal judge ruled, holding that there's a factual issue on whether the insurer sent a coverage denial letter to its insureds in the first place.

  • October 28, 2022

    Chocolatier Says Evidence Doesn't Support Sandy Verdict

    A chocolatier urged a New York federal court to override a recent jury verdict or order a new trial in a long-running coverage dispute over Superstorm Sandy damage, saying its insurer failed to identify any extrinsic evidence proving that the parties intended to bar coverage for storm surge losses.

  • October 28, 2022

    Insurer Ends Suit With CBD Co. Over Injury Defense

    Admiral Insurance Co. has settled a suit seeking to back out of defending a CBD company in litigation concerning allegations that a woman had to have her legs amputated after using a vape that was made, marketed or distributed by the cannabis company.

  • October 28, 2022

    Suits Over Sweets Present Tricks And Treats For Coverage

    Two federal lawsuits against candy makers alleging use of dangerous ingredients present tricks and treats for insurers and policyholders if coverage disputes start brewing, as experts say some unexpected exclusions could come into play.

  • October 27, 2022

    Law Panels Paint Picture Of Changing Insurance Landscape

    Trends stemming from COVID-19 business interruption litigation and the impact of recent rulings in opioid coverage fights stole the spotlight as panels of experts at a Practising Law Institute conference Thursday discussed the growth of insurance coverage disputes.

  • October 27, 2022

    5th Circ. Upholds Liberty Mutual's Win Over Oil Spill Coverage

    Liberty Mutual doesn't have to provide coverage for a crude oil company fighting an ongoing, 15-year Louisiana oil spill, the Fifth Circuit said Wednesday, finding that a total pollution exclusion applied to relieve the insurer of its obligations.

  • October 27, 2022

    Kaufman Dolowich Adds Atty To Insurance Group

    Kaufman Dolowich & Voluck LLP is expanding its insurance coverage and litigation practice group, the firm announced Thursday, hiring a new partner in the firm's Chicago office.

Expert Analysis

  • 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

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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.

  • 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.