General Liability

  • October 11, 2022

    Health Care Co. Seeks Full Coverage For COVID Claims

    A health care company should have to satisfy only one self-insured retention before it can receive millions in insurance coverage for a slew of claims asserted by long-term care residents who allege they contracted COVID-19 at nursing home facilities, the company told a Pennsylvania federal court.

  • October 11, 2022

    Insurer Can't Upend Developer's Construction Coverage Win

    Underwriters at Lloyd's of London must defend a developer in an underlying construction defect suit, a Texas federal court ruled, rejecting the insurer's bid for review and finding there is no gap between the pleadings and policy that would require the consideration of extrinsic evidence.

  • October 11, 2022

    Split Lead Paint Coverage Rulings Show Forums' Importance

    The critical importance of forum selection in insurance disputes was laid bare this year by divergent rulings involving three paint makers ordered to pay into a $305 million lead paint abatement fund, as two companies secured coverage from Ohio and New York appellate courts while the third lost its appeal before a California panel.

  • October 07, 2022

    Amerisure Fights Covering Construction Co. In Crane Row

    Amerisure Mutual Insurance Co. told a Georgia federal court it shouldn't have to cover a construction company over a 2020 crane mishap, saying the builder should have been aware of conditions at the worksite that led to the crane falling through a parking lot and becoming damaged.

  • October 07, 2022

    Insurer Must Share Coverage For Faulty Flavoring, Court Told

    Another insurer must share coverage of claims asserted against Bell Flavors and Fragrances over faulty garlic flavoring, Berkley Assurance Co. told an Illinois federal court, saying an AmTrust unit sat back and forced Berkley to shoulder all liability.

  • October 07, 2022

    Mediating Teva Kickback Case 'Futile At Present,' Feds Say

    Prosecutors pursuing a Medicare kickbacks case against Teva Pharmaceuticals told a Massachusetts federal judge that holding mediation would be "futile at present," opposing the drug giant's request for formal talks.

  • October 07, 2022

    Insurer Can't Duck Bad Repo Settlement Coverage, Co. Says

    An asset-recovery company asked a Washington federal court to find that an insurer for a company it hired for a vehicle repossession failed to properly defend both companies in litigation arising from that repossession, saying the insurer made unreasonably low settlement offers.

  • October 07, 2022

    Boy Scouts Appeals To Be Consolidated, Briefed By December

    A Delaware federal judge agreed to consolidate more than a dozen appeals of the Boy Scouts' confirmed Chapter 11 plan Friday, saying he will approve a schedule that would see briefing completed before the end of the year.

  • October 07, 2022

    Insurer Seeks To Trim Fraud Claim From Fire Damage Suit

    An insurer asked a Texas federal judge on Friday to toss a hotelier's fraud claim in a dispute over coverage for fire damage at a Dallas hotel, saying the property owner's claim does not meet the required heightened pleading standard.

  • October 07, 2022

    Water Co. Not Covered For Worker's Burn Suit, Insurer Says

    An insurer told a Texas federal court that several policy exclusions bar coverage for a saltwater disposal company being sued by an employee who suffered severe burns when a trash pump burst, and that another insurer is primarily responsible for coverage but has failed in its obligations.

  • October 07, 2022

    Not All Missing Policy Cases Require Sherlock Holmes

    Being unable to locate physical copies of policies from decades ago can be daunting, but legal experts say the best approach can be as elementary as starting within the policyholder's own records.

  • October 06, 2022

    1st BIPA Jury Trial May Raise Coverage Headaches

    The decisions in the first jury trial over Illinois' biometric privacy statute on issues like the standard for a willful violation of the law and the appropriate damages in cases where biometric information was illegally collected but not published could create coverage headaches for both policyholders and insurers.

  • October 06, 2022

    11th Circ. Affirms Coverage For Shoddy Construction Suit

    The Eleventh Circuit upheld a lower court's ruling Thursday, finding unanimously that an insurer must defend a subcontractor in a suit over poor construction quality at a Maryland casino but does not have to defend a contractor who was not the primary insured.

  • October 06, 2022

    Ace Drops Insurer From McDonald's Fire Coverage Suit

    Ace American Insurance Co. moved Thursday to dismiss a Zurich unit from its effort to avoid covering fire damage to an Illinois McDonald's, saying it wasn't seeking any relief from the insurer.

  • October 06, 2022

    Builder Says Liberty Mutual Owes $1.3M For Contract Delays

    An Indiana construction company sued Liberty Mutual Insurance Co. and an Air Force base contractor for $1.3 million it says it is owed for extra work it had to perform, allegedly due to the contractor's delays and mistakes.

  • October 06, 2022

    Insurer Says Chainsaw Co. Liable For House Fire Damage

    Cambridge Mutual Fire Insurance Co. sued chainsaw maker Stihl on behalf of one of its policyholders, accusing the company of selling a defective chainsaw and charger that caused a fire at a New Jersey home.

  • October 06, 2022

    Camden Diocese Calls Ch. 11 Plan Best To Address Abuse

    Attorneys for the bankrupt Diocese of Camden told a New Jersey judge Thursday that its plan to channel hundreds of claims for sexual abuse into an $87.5 million settlement fund is the best way to address the wrongs of the past and prevent future abuse.

  • October 06, 2022

    $4.5M Mississippi Fire Coverage Suit Settled On Trial Day

    A $4.5 million suit brought by a homeowner in Mississippi federal court that alleged her insurer wantonly exited an appraisal process and withheld fire coverage was dismissed after the parties reached a settlement the day of the jury trial.

  • October 06, 2022

    Too Soon For Ruling In Toxic Fumes Coverage Suit, Court Told

    An insurer must continue defending a business center owner accused of failing to stop a gun manufacturer tenant from emitting noxious fumes, a group of underlying claimants told a Florida federal judge, saying it is too soon to decide whether a pollution exclusion bars coverage.

  • October 06, 2022

    Prior Knowledge Of Botched Surgery Bars Coverage, Court Told

    A medical device company is not covered for costs stemming from an underlying lawsuit asserting one of its products caused a botched bladder surgery because the company or its directors knew of the incident before applying for the disputed insurance policy, the company's insurer said.

  • October 05, 2022

    Insurer Says No Coverage For SC Strip Club Posing As Bank

    A United Kingdom-based insurer asked a South Carolina federal court to determine it does not have to cover damage from a March fire at a strip club, accusing the venue of fabricating documents and misrepresenting itself as a bank.

  • October 05, 2022

    Panel Affirms No-Coverage Ruling In Apt. Shooting Dispute

    Great American Alliance Insurance Co. has no coverage duties to two companies facing a personal injury suit over a shooting at an apartment complex, a Georgia appeals court affirmed, finding that the insurer's reservation of rights letters contained enough specificity on what provisions in GAAIC's policy barred coverage.

  • October 05, 2022

    J&J Unit Wins Halt To NM, Miss. Talc Suits

    The New Jersey judge overseeing the bankruptcy of Johnson & Johnson's talc unit ruled Tuesday that the company's Chapter 11 stay should also pause talc claims brought by state governments against the nonbankrupt Johnson & Johnson.

  • October 05, 2022

    Insurer Says Tanning Salon's Hidden Camera Suit Not Covered

    An insurer asked a Michigan federal judge to find that it has no duty to defend or indemnify a tanning salon against underlying actions brought by patrons who were allegedly filmed while in various stages of undress, saying the lawsuits do not allege bodily injury.

  • October 05, 2022

    Insurer Wants Surgery Center's Liability Policy Rescinded

    A Berkshire Hathaway insurance company asked a California federal court to grant it an early win in its suit seeking to rescind a surgery center's professional liability policy over application misrepresentations, saying the center failed to disclose that one of its doctors lost his license and was named in 30 lawsuits.

Expert Analysis

  • NJ Cos. May Have Insurance Coverage For COVID-19 Losses

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    Two New Jersey cases from 2009 and 2014 indicate that the physical injury requirement under property insurance policies may be interpreted broadly enough to apply to losses resulting from the coronavirus crisis, say Robert Chesler and Nicholas Insua at Anderson Kill.

  • Risk Mitigation Tools For Cos. Facing Coronavirus Losses

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    As the coronavirus outbreak continues to spread, companies anticipating business interruptions can look to insurance policies and alternatives like force majeure clauses to offset potential losses, say attorneys at Haynes and Boone.

  • NY Sex Abuse Insurance Suit Showcases Possible Arguments

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    Continental Insurance's complaint against the Diocese of Buffalo in a New York state court raises almost every possible defense an insurer may have against providing coverage to a policyholder accused of sex abuse under the New York Child Victims Act, say Robert Chesler and Pamela Hans of Anderson Kill.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Using Missing Facts As A Defense In NYC Asbestos Suits

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    Recent cases from the New York City Asbestos Litigation illustrate that defendants can prevail by arguing that the evidentiary record cannot support an inference of a plaintiff's exposure to asbestos, says James Lee of Hawkins Parnell.

  • Ill. Insurance Coverage Cases From 2019 Settle Key Questions

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    A number of significant insurance decisions in Illinois this year — including a state Supreme Court case that reestablished certainty for malicious prosecution coverage — should have a lasting effect on Illinois coverage jurisprudence, say Jonathan Schwartz and Timothy Loftus of Goldberg Segalla.

  • Private Equity Wants To Buy Your Asbestos Liabilities

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    BorgWarner's deal to sell off its asbestos liabilities this week confirms that such sales are a viable corporate strategy that can be less expensive than, and offer disclosure advantages over, prepackaged bankruptcy and loss portfolio insurance. But they still come with a cost, and can raise trust and security issues, says Stephen Hoke of Hoke LLC.

  • 7th Circ. Ruling Reveals Broad-Exclusion Risks For Insurers

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    The Seventh Circuit's recent decision in Crum & Forster v. DVO serves as a reminder that expansive insurance policy exclusion language can be self-defeating under the so-called illusory coverage doctrine, and encourages parties to be direct and to-the-point, say Caroline Meneau and David Kroeger of Jenner & Block.

  • Vaping Crisis Raises New Liability And Insurance Issues

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    As the number of vaping-related lung illnesses continues to grow, causation and overall exposure remain elusive concepts, but historical precedent arguably provides a framework for understanding the liability and insurance coverage implications, say Jodi Green and Jonathan Viner of Nicolaides.

  • Anticipating Insurance Issues Raised By Climate Change Suits

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    Though the latest round of litigation attempting to impose public nuisance liability on businesses for global warming consequences has yet to see any insurance coverage lawsuits, that is sure to change if any of the claims gain traction, say Damon Vocke and J. Robert Renner of Duane Morris.

  • The Key Issue In Revived Sex Abuse Claim Insurance Disputes

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    With multiple states reopening the statute of limitations for survivors of childhood sexual abuse — New York's law took effect Wednesday — more insurance coverage disputes are sure to arise, and the overriding question in many of these disputes is how to quantify the number of occurrences, say attorneys at Blank Rome.

  • Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • 5 Insurance Coverage Questions Raised By Opioid Litigation

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    A look at the early footprints left by current opioid litigation reveals two insurance coverage issues in their infancy — whether alleged opioid damages were because of bodily injury or caused by an occurrence — and another three issues likely to be litigated soon, say attorneys at Wargo & French.