General Liability
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February 14, 2025
Calif. Insurance Chief Backs Wildfire Mitigation, Recovery Bills
California Insurance Commissioner Ricardo Lara announced his support Friday for a slew of bills aimed at addressing wildfire mitigation and recovery, including measures to maximize insurance claim payouts and stabilize the state's insurer of last resort.
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February 14, 2025
Insurer Goes After Another In $3.5M Sewer Damage Suit
A subcontractor's insurer lodged a third-party complaint against a Liberty Mutual unit in Colorado federal court, accusing it of reaching a "collusive" $730,000 consent agreement in an underlying sewer rupture dispute and arguing that the unit should've paid its full $2 million limit instead.
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February 14, 2025
Nonprofit Not Covered For Palestine Protest Suit, Insurer Says
An insurer said it has no duty to defend or indemnify a social justice organization against a proposed class action concerning a Chicago protest in support of Palestine, telling a New York federal court the allegations against the Westchester County foundation don't fall within its policies' scopes of coverage.
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February 13, 2025
Blake Lively Defamation Suits Bring Insurance Center Stage
A stream of defamation lawsuits stemming from the movie "It Ends With Us" could have insurers gearing up to determine potential coverage obligations for such litigation, as the debate over settling versus going to trial marks a gap in the insurer-insured relationship for celebrity policyholders, experts say.
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February 13, 2025
Insurance Litigation Week In Review
A California appeals court used a high court pandemic insurance ruling to uphold a denial of fire debris coverage, the state's insurer of last resort will receive $1 billion in additional funding and the South Carolina Supreme Court considered receivership orders over foreign companies' insurance assets. Here, Law360 takes a look at this week's top insurance news.
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February 13, 2025
PFAS Claims Expose Insurance Industry To 'Next Asbestos'
With thousands of lawsuits pending nationwide over what plaintiffs and regulators allege are the harms caused by PFAS exposure and regulators pushing to limit the production and use of the chemicals, policyholders are bracing for both increased liabilities and uncertain scopes of insurance coverage.
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February 13, 2025
Insurers Say Adjuster Must Cover $66M Suit Over Boat Death
Insurers told a North Carolina federal court that a company they contracted with failed to perform its agreed-upon adjustment duties on claims related to a 2021 fatal Florida boat accident and didn't pay legal fees when a more than $66 million suit erupted over the incident.
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February 12, 2025
Insurer Needn't Pay For Leaky Window Arbitration Award
An insurer doesn't need to pay for an arbitration award entered against its policyholder and in favor of a Kansas county board of commissioners in a defective window installation dispute, a federal court ruled, saying the commercial general liability policy at issue doesn't cover the policyholder's breach of contract.
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February 11, 2025
Calif.'s Insurance Safety Net Gets $1B Infusion For Fire Claims
California Insurance Commissioner Ricardo Lara has signed off on $1 billion in additional funding for California's FAIR Plan, the state's insurer of last resort, to ensure the plan can keep paying consumer claims to survivors of the Southern California wildfires, according to an order issued Tuesday.
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February 11, 2025
SC Justices Question Receivership Orders In Asbestos Row
The South Carolina Supreme Court on Tuesday appeared to agree with a trial court's imposition of sanctions against two Canadian companies found to disobey discovery orders in asbestos injury lawsuits, but questioned whether the judge's corresponding appointment of a receiver over their insurance assets was premature.
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February 11, 2025
Insurer Says $641M Deal Over Tainted Flint Water Not Covered
An insurer told a Michigan federal court Tuesday that it shouldn't have to pay any part of a $641 million settlement reached by a Flint, Michigan, medical center on behalf of patients who supposedly suffered from legionella and lead exposure because of unclean drinking water in the facility.
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February 11, 2025
Insurer May Need To Pay Landlord Row Atty Fees, Panel Says
A California state appeals court found in a partial reversal that an insurer may not be owed more than $300,000 in disputed attorney fees following a $925,000 settlement it contributed to on behalf of a landlord it insured over a tenant dispute.
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February 10, 2025
Calif. Ruling Holds Wildfire Debris Not A Coverable Loss
Two California homeowners didn't have a covered claim for wildfire debris that infiltrated their home, a state appeals panel ruled, saying there was no evidence the debris caused the kind of loss or damage required for coverage.
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February 10, 2025
Co. Not Covered For Background Check Suit, Insurer Says
An insurer told an Illinois federal court on Monday that a company isn't covered for an underlying lawsuit alleging that it mishandled a job applicant's background check, citing multiple policy exclusions.
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February 10, 2025
Trenton Diocese Sues Insurers Over Abuse Suit Coverage
The Diocese of Trenton, New Jersey, accused Chubb, Hartford, Travelers and AIG units of violating the state's Unfair Claim Settlement Practices Act over an "onslaught" of child sex abuse lawsuits, telling a New Jersey federal court the parties have made "minimal progress" toward a cost-sharing agreement over defense expenses.
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February 10, 2025
Insurer Says No Coverage Owed For Toxic Hair Product Suit
The makers of a hair straightening treatment do not have coverage for a lawsuit alleging the product is carcinogenic because the claims against them came after the treatment was known to be hazardous, and after the policy had ended, an insurer told a California federal court.
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February 07, 2025
5th Circ. Upholds High School's Win In Gym Fire Suit
The Fifth Circuit on Thursday upheld a Louisiana high school's win in its suit claiming that a flooring company caused a gym fire, holding that the high school has a right of action for property damage to the gymnasium.
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February 07, 2025
Excess Insurer Says $50M Bad Wine Claims Not Covered
An excess insurer told a Washington federal court that it should not have to contribute to a settlement after an underlying lawsuit asserted more than $50 million in claims against a vineyard for allegedly damaging over 300,000 cases of wine, because there was no coverage.
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February 07, 2025
Insurers Say Meta MDL Row Should Be In Del. State Court
Coverage litigation with Meta over underlying claims that it deliberately designed its platforms to be addictive to adolescents ought to take place in Delaware state court, units of Chubb and Hartford told a Delaware federal court, arguing the court need only examine the fact that Meta is a Delaware citizen.
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February 07, 2025
Plaintiffs Lawyers Swarm Los Angeles Post-Fires
A deadly wildfire may be among the first covered by a new state fund that reimburses at-fault utility companies. This could mean billions of dollars for plaintiffs lawyers, and, if past fires are any indication, frustration and confusion for some victims.
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February 06, 2025
SC Justices To Weigh Jurisdictional Limits In Asbestos Cases
The South Carolina Supreme Court will consider Tuesday whether its first female justice and former chief, who now oversees the state's asbestos cases, can continue to exercise jurisdiction over companies not incorporated in the state or haven't directly done business there, and nevertheless appoint a receiver over their insurance assets.
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February 06, 2025
Pillsbury Adds Insurance Partner From Morgan Lewis
Pillsbury Winthrop Shaw Pittman LLP has announced the addition of an insurance recovery expert from Morgan Lewis as a partner in its Washington, D.C., office to advise and represent insurance policyholders.
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February 06, 2025
Insurance Litigation Week In Review
The Delaware Supreme Court agreed that a jury's fraud verdict against an ex-Xerox unit was improper and also limited a pharmaceutical company's recovery for a securities suit, while the Sixth Circuit refused to review Home Depot's data breach coverage loss. Here, Law360 takes a look at the past week's top insurance news.
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February 06, 2025
Insurance Expert Tackles Super Bowl Coverage Risks
The Kansas City Chiefs and Philadelphia Eagles earned their way to the Super Bowl only last week, but the NFL, host city New Orleans, the stadium and others have spent years planning and securing the necessary insurance coverage to ensure the biggest sporting event of the year is properly protected. Here, insurance industry veteran Lori Shaw spoke with Law360 about insuring one of the world's most-watched sporting events.
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February 05, 2025
6th Circ. Won't Revisit Home Depot Data Breach Coverage Suit
The Sixth Circuit refused Wednesday to review its January finding that an electronic data exclusion in Home Depot's commercial general liability policies barred coverage for the retail giant's $50 million claim for defense and settlement costs over a 2014 data breach.
Expert Analysis
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How Merck Settlement Can Inform Cyberinsurance Approach
This month's settlement in Merck v. ACE spotlights how cyber exclusions have evolved since the significant decision in the case — allowing for insurance coverage despite the presence of a policy war exclusion — and where else corporate risk managers may look for coverage in case of a cyberattack, say attorneys at McGuireWoods.
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What's In NY's Draft Guidance On AI Use In Insurance
Last week, the New York State Department of Financial Services released proposed guidance for insurers on the use of artificial intelligence systems and external consumer data and information sources for underwriting and pricing purposes, and these standards will likely help form the basis of an eventual nationwide insurance regulatory framework on AI, say attorneys at Sullivan & Cromwell.
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How States Vary On The Fireman's Rule And Its Applicability
A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.
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Insured Takeaways From 10th Circ. Interrelated Claims Ruling
The Tenth Circuit's recent ruling in American Southwest Mortgage v. Continental Casualty that multiple claims arising from consecutive audit years were interrelated — and thus subject to a per claim limit — creates a concerning precedent for policyholders, so companies should negotiate relevant policy language, says Michael Stockalper at Saxe Doernberger.
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Protections May Exist For Cos. Affected By Red Sea Attacks
Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.
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Time To Step Up PFAS Due Diligence In Cross-Border M&A
Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.
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3 Significant Ohio Insurance Updates From 2023
The past year saw some significant changes and developments in Ohio's insurance coverage landscape, from new bad faith discovery mechanisms relating to out-of-state property to the Ohio Supreme Court's interpretation of what constitutes an assault or battery for coverage purposes, say Jenna Pletcher and William Peseski at Brouse McDowell.
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Ill. Justices Set New Standard For Analyzing Defect Claims
The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.
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Policyholders Must Object To Insurer Reorganizations
When insurance companies reorganize, policies often take years to ultimately pay out a fraction of what is owed, so policyholders should organize and urge insurance commissioners to take action when retroactive reinsurance deals are announced, says Jonathan Terrell at KCIC.
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Ill. BIPA Ruling May Spark Violation-Of-Law Exclusion Fight
An Illinois appeals court's recent holding in National Fire Insurance v. Visual Pak that a violation-of-law exclusion didn't preclude coverage for an underlying Biometric Information Privacy Act suit contradicts an earlier Seventh Circuit decision that aligns with long-standing insurance law principles — which may lead the state's high court to weigh in, says Tae Andrews at Pasich.
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3 Pointers From Tilton Case To Help Win Advancement Suits
The Delaware Superior Court’s refusal to let Lynn Tilton sue her advancers for legal fees, ruling she had not yet attempted to negotiate in good faith, suggests that policyholders may fare better if they attempt proactive strategies to narrow disputes over advancement agreements before taking their insurers to court, says Evan Bolla at Harris St. Laurent.
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What Insurers Gain When Litigating Coverage Denials
Lately, insurance companies have denied coverage for lawsuits alleging liability relating to the ordinary operations of highly regulated businesses, such as those in the pharmaceutical and energy sectors — demonstrating time and again how litigation can be a vehicle for carriers to mitigate their own costs, say attorneys at Reed Smith.
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NY Wrongful Death Law Revamp Retains Original's Drawbacks
If approved by New York Gov. Kathy Hochul, the Grieving Families Act will transform the landscape of wrongful death law in New York by increasing the potential for damages, raising insurance premiums, burdening hospitals and courts, stifling the economy and subjecting parties to the unsettling effects of retroactive legislation, say attorneys at Shaub Ahmuty.