General Liability

  • October 19, 2022

    6th Circ. Geared Up For Next Opioid Coverage Dispute

    Arguments before the Sixth Circuit in consolidated opioid coverage disputes on Thursday could lead to a ruling continuing the trend that insurers have no duty to defend underlying government public nuisance actions over the epidemic because of a lack of alleged bodily injuries.

  • October 19, 2022

    Insurer Fights Coverage Of $7M Building Defect Claims

    A Tokio Marine unit said it has no duty to indemnify a contractor for over $7 million of damage claimed by a property owners association during arbitration, telling a California federal judge that the alleged damage falls outside the policy's insuring agreement or is otherwise excluded from coverage.

  • October 19, 2022

    Insurer Resists Covering Trucking Co. For Driver's Injuries

    A Progressive unit shouldn't have to cover a trucking company being sued by a driver who was injured in a big-rig crash during a cross-country trip, the insurer told a California federal court, arguing a commercial auto policy excludes coverage for injuries to employees.

  • October 18, 2022

    9th Circ. Mulls If Lloyd's Must Cover Wash. Group Home Death

    A Ninth Circuit judge on Tuesday said a physical-assault exclusion in a Washington group home's insurance runs the risk of rendering the home's policy through Lloyd's of London "illusory," in a case where a violent dispute between two residents left one dead.

  • October 18, 2022

    Zurich Drops Contractor From $3.7M NY Lab Fire Suit

    A company contracted to install an electric meter at a lab that burned down was dismissed Tuesday from a New York federal suit brought by Zurich American Insurance Co. alleging the device caused $3.7 million in damage by igniting the facility.

  • October 18, 2022

    Insurer And Trucking Co. Agree To Drop Crash Coverage Suit

    Acuity, A Mutual Insurance Co. and a Tennessee trucking company asked a federal judge in a joint filing Tuesday to dismiss the insurer's suit, which sought to limit payment for a crash involving a company employee to $2 million under a liability policy.

  • October 18, 2022

    Chemical Co. Seeks Coverage For River Pollution Claims

    A manufacturer of inks and pigments told a New Jersey federal court that three AIG units and a unit of Great American Insurance Group must defend and indemnify it over river pollution claims, which stretch across government investigations, confidential mediations and three suits filed in state or federal court.

  • October 18, 2022

    Insurer Seeks Win Over Coverage Of Hotel Disability Bias Suit

    A Crum & Forster unit asked an Illinois federal court Tuesday to rule that an order granting the insurer's request for entry of default against a Chicago-based hospitality group is final and establishes that it doesn't owe coverage to the hotel operator for an underlying disability discrimination suit.

  • October 18, 2022

    NC Panel Says Insurer Must Cover Legionnaires' Disease Suits

    An insurer must defend a hot tub company and its co-owner accused in multiple lawsuits of causing an outbreak of Legionnaires' disease at a state fair, a North Carolina appeals court ruled Tuesday, finding that ambiguity in the underlying pleadings creates the potential for coverage.

  • October 18, 2022

    Liberty Mutual Must Pay Rental Co.'s Atty Fees Despite Appeal

    Liberty Mutual must pay more than $300,000 in insurance to United Rentals to cover its defense in a personal injury suit even though the insurance company is in the middle of appealing whether it has to pay anything at all, a New Jersey federal court ruled.

  • October 18, 2022

    7th Circ. Affirms Insurer's Win In Fireworks Injury Row

    A policy's "shooter's endorsement" unambiguously relieves an AXA XL unit of covering two suits brought against a fireworks seller by volunteers who sustained injuries at two Wisconsin Fourth of July events in 2018 when mortars prematurely exploded, the Seventh Circuit said in affirming the carrier's win.

  • October 17, 2022

    Contractor's Insurer Asks 9th Circ. To Revive Fraud Suit

    The insurer of a California contractor asked the Ninth Circuit to reverse a lower court's judgment in favor of California Bank & Trust in a suit over nearly $1 million in checks issued based on fraudulent waivers from the contractor's subcontractor.

  • October 17, 2022

    3rd Circ. Affirms State Farm's Win Over Coverage For IP Suit

    A State Farm unit has no duty to defend a trademark infringement suit against a tech company and one of its officers, the Third Circuit said, affirming a New Jersey federal court's ruling that policies issued by the carrier only provide coverage for trade dress infringement.

  • October 17, 2022

    Insurer Ordered To Defend Landfill Operator Over Odor Claims

    Rockhill Insurance Co. must defend a landfill operator facing noxious odor claims from nearby residents, an Indiana federal judge ruled, finding that the underlying nuisance claims constitute an occurrence rather than uncovered errors or omissions since they are unrelated to the operator's contract with two counties.

  • October 17, 2022

    Allianz Sued For $12.4M In Product Liability Coverage

    A Pennsylvania-based manufacturer of industrial products sued an Allianz unit in Delaware federal court, saying the insurer owes at least $12.4 million to cover the company for what it's spent to defend and settle scores of product liability lawsuits over the last several decades.

  • October 17, 2022

    Insurer Wants Out Of Okla. Mobile Home Flooding Case

    An insurer has taken the owners of an RV park to Oklahoma federal court, arguing that it should not have to defend the owners in an underlying suit accusing the insurer of failing to inform renters of a flood risk before leasing a flood-prone lot.

  • October 17, 2022

    Insurer Asks Court To Uphold Jury's Sandy Damage Verdict

    A Chubb unit asked a New York federal court to cement its win in a coverage dispute over a chocolatier's losses from Superstorm Sandy, saying evidence presented at trial supported the jury's decision that the policyholder is not entitled to coverage for losses caused by wind-driven flooding.

  • October 14, 2022

    Law Firm Not Liable If It Misled In Hailstorm Row, Insurer Says

    An insurer accused in Colorado federal court of failing to adequately cover property damage from 3-inch-diameter hail has asked to dismiss claims against its law firm, also accused in the suit of misrepresentation, arguing that the firm was "fraudulently" named in the case to "manipulate jurisdiction."

  • October 14, 2022

    Insurer Says Texas '8 Corners' Ruling Gives It Coverage Win

    A trucking company isn't covered for an underlying personal injury suit filed by one of its employees, the company's insurer told a Texas federal court, citing the Texas Supreme Court's recent ruling that allows insurers to introduce extrinsic evidence to argue against coverage.

  • October 14, 2022

    $228M BNSF Verdict Likely To Accelerate BIPA Exclusions

    A Chicago federal jury's $228 million award in finding BNSF Railway violated Illinois' Biometric Information Privacy Act will likely accelerate insurers' coverage exclusions for claims related to the law and ignite disputes over whether "reckless" violations are covered.

  • October 14, 2022

    Insurer Says Contractor Not Covered For Personal Injury Suit

    Evanston Insurance Co. wants out of defending a contractor being sued by a worker who was injured when he fell off a ladder at a construction site, telling a Washington federal court that an exclusion in a commercial general liability policy relieves it of any coverage obligations.

  • October 14, 2022

    Insurer Can Pursue Suit Over Gas Station Assault Coverage

    Associated Industries Insurance Co.'s lawsuit seeking to avoid coverage of a man's injuries following an altercation at a gas station may remain in federal court, a Louisiana federal judge ruled, finding that his $42.5 million pre-suit settlement demand demonstrates that the insurer cleared the $75,000 amount-in-controversy threshold.

  • October 14, 2022

    Munich Re's Oil Exit Boosts ESG Efforts, Insurance Pros Say

    Munich Re's recent announcement that it will pull back from underwriting new oil and gas projects brought one of the world's largest reinsurers into line with a growing number of carriers that have taken steps to limit coverage for highly polluting industries.  

  • October 14, 2022

    No Coverage For Home Depot's Data Breach Suit, Insurers Say

    Two insurers said they have no coverage obligations to Home Depot for costs incurred in settling claims over a data breach that compromised millions of customers' payment cards, telling an Ohio federal court that the retailer is attempting to convert its commercial general liability coverage into cyber coverage.

  • October 13, 2022

    Agency Owes Insurer For NFL Team Settlement, Court Told

    An insurance agency must indemnify Axis Insurance Co. for what the carrier spent to settle a lawsuit on behalf of the Tampa Bay Buccaneers, Axis told an Indiana federal court, arguing it was forced to contribute to the settlement because the agency made mistakes in the underwriting process.

Expert Analysis

  • 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.

  • 'Notice Of Circumstances' May Preempt Virus Insurance Denial

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    Insurance policyholders impacted by COVID-19 should consider proactively sending notices of circumstances to their insurers in order to preempt new pandemic policy exclusions, although this tactic carries certain risks as well, say Richard Milone and Jennifer Romeo at Milone Law Firm.

  • How Law Firms Can Maximize COVID-19 Insurance Coverage

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    Law firms struggling due to the pandemic should identify relevant insurance policies and provisions, be mindful of notice requirements that could interfere with coverage, and push back against policy exclusions, say Robin Cohen and James Smith at McKool Smith.

  • Maximize Chances Of Insurance Coverage For COVID-19

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    Policyholders suffering losses related to COVID-19 can take steps right now, such as documenting proof of loss and mitigation efforts, to preserve their chances of recovery under property or business interruption insurance policies, says Creighton Page at Foley Hoag.

  • Does Property Insurance Cover COVID-19 Damage In Texas?

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    Business interruption claims have led the news about COVID-19 insurance disputes, but ahead could be property claims made pursuant to homeowners' policies — another proposition with significant complexity, says Drew Jones at Thompson Coe.

  • Excess Policy Win Gives Calif. Insureds Hope For The Future

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    The California Supreme Court's decision in Montrose v. Los Angeles Superior Court gives insureds facing long-tail liabilities a valuable gift by adopting the theory of vertical exhaustion, but it also explicitly leaves a number of questions to be resolved in future decisions, says Michael Fehner at Irell & Manella.

  • Pa. Ruling Doesn't Support COVID-19 Biz Interruption Claims

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    A recent Law360 guest article argued that the Pennsylvania Supreme Court's decision in Friends of Devito v. Wolf provides a clear advantage to policyholders seeking business interruption coverage for COVID-19 losses, but the case is not even related to property damage, say Anthony Miscioscia and Timothy Carroll at White and Williams.

  • Liability Insurance Outlook For Opioid Public Nuisance Claims

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    As lawsuits against prescription opioid manufacturers are being narrowed to focus on public nuisance claims based on intentional business schemes, pharmaceutical companies may struggle to secure insurance coverage unless they can explain how these claims allege a fortuitous loss, say Patrick Bedell and Allyson Spacht at BatesCarey.

  • Are Litigation Funding Documents Protected From Discovery?

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    With law firms and their clients increasingly interested in exploring litigation funding during the current economic crisis, attorneys must be aware of the trends emerging in courts across the country regarding the discoverability of litigation funding materials, say attorneys at Jenner & Block and Longford Capital.

  • 3 Insurance Principles Behind Calif. Excess Policy Ruling

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    The California Supreme Court's recent decision in Montrose v. Los Angeles Superior Court, streamlining policyholders' ability to collect from multiple policies, is based on three state insurance principles specific to continuous injury, say attorneys at Reed Smith.