General Liability

  • September 30, 2022

    Insurers Need Not Defend Shooting Injury Suit, Judge Rules

    Progressive Casualty Insurance and American Strategic Insurance do not owe coverage to a man who shot and injured another after an altercation at a traffic light, a Kentucky federal judge ruled, finding that the shooting did not constitute an occurrence triggering coverage under the policies.

  • September 30, 2022

    NY Doctor Cops To Role In Trip-And-Fall Litigation Scam

    A New York doctor has pled guilty to his role in an alleged conspiracy in which a group of lawyers and doctors instructed patients to stage falls and receive unnecessary medical procedures to support fraudulent legal claims.

  • September 30, 2022

    Winning Climate Change Coverage Likely To Be A Tall Order

    The outlook for coverage fights over suits alleging a link between oil companies' conduct and climate change, resulting in increased infrastructure costs to deal with catastrophic weather events, is not bright for policyholders, as experts say disputes are likely to be riddled with issues.

  • September 29, 2022

    11th Circ. Reverses Geico's Early Win In $18M Golf Cart Case

    The Eleventh Circuit ruled Thursday that a golf cart is covered by a Geico auto insurance policy issued to the cart driver's parents, reversing a Florida district court's decision that the insurer doesn't have to cover an $18 million collision between the golf vehicle and a car. 

  • September 29, 2022

    3rd Circ. Affirms State Farm's Win In UIM Coverage Dispute

    The Third Circuit upheld a State Farm unit's win in a putative class action over underinsured motorist coverage, finding Thursday that insurers are not required to seek a waiver to provide UIM coverage limits below bodily injury coverage limits on existing auto liability policies under Pennsylvania law.

  • September 29, 2022

    Wyden Probe Shines Light On Private Placement Insurance

    The top Senate tax writer's investigation into private placement life insurance is bringing scrutiny to a once-obscure estate planning tool for wealthy families that some tax and finance practitioners see as a potentially abusive method for tax evasion.

  • September 29, 2022

    Battery Exclusion Bars Coverage For Gas Station Assault

    An insurer is not obligated to cover a $1 million judgment entered against the owners of a gas station and convenience store in a lawsuit brought by a now-deceased man who was assaulted on their premises, a Michigan federal judge ruled, finding that an assault and battery exclusion bars coverage.

  • September 29, 2022

    Credit Union's Coverage Suit Over $4.75M Settlement Trimmed

    A Missouri federal judge dismissed part of a credit union's suit seeking coverage for a $4.75 million settlement reached in an underlying class action that accused the financial institution of issuing defamatory information to credit reporting agencies.

  • September 28, 2022

    Insurers Want Ship Seized To Pay For Historic Cargo Losses

    Insurers and customers brought shippers to New York federal court hoping to seize a vessel as collateral for over $39 million in losses after around 2,800 containers, including cargo from Rooms to Go and Nokia, went overboard or were damaged in the worst shipping loss in years.

  • September 28, 2022

    Camden Diocese Ch. 11 Trial To Begin With Insurer Deal

    A New Jersey bankruptcy judge said Wednesday that when the Chapter 11 plan confirmation trial for the Diocese of Camden kicks off next week, he wants to hear from insurers first about a $30 million settlement they are pursuing and that the debtor has abandoned.

  • September 28, 2022

    Insurer Beats Coverage Suit Over $3.4M Faulty Work Claim

    Acuity, A Mutual Insurance Co. has no coverage obligations to an architectural design company facing a $3.4 million counterclaim in the company's own copyright suit over work on a building in Iowa, an Illinois federal judge ruled, finding that faulty workmanship claims do not constitute an occurrence.

  • September 28, 2022

    Ohio Justices To Weigh Insurer's Car Crash Coverage Query

    The Ohio Supreme Court said it will take up a case between two automobile liability insurers concerning which carrier is primarily liable for a single-vehicle crash that involved a car covered under one policy driven by a person covered under a different policy.

  • September 28, 2022

    Insurer Must Cover Massage Malpractice Suit, Court Told

    An insurer must cover a massage therapist accused of injuring a client, the therapist told a Minnesota federal court, saying she clearly was performing covered professional services when the alleged incident took place.

  • September 28, 2022

    Insurer Says It Can't Cover Trucking Co. In Fatal Crash Suits

    A truck leasing company can't obtain coverage for underlying suits stemming from a multiple-car crash caused by an employee of one of its customers, the company's insurer told an Illinois federal court, because it involved a leased trailer.

  • September 27, 2022

    Insurer Doesn't Owe Coverage For Cheese Maker's BIPA Row

    A cheese producer isn't entitled to coverage for a suit alleging that it violated Illinois' Biometric Information Privacy Act by scanning workers' hands for timekeeping purposes, an Illinois federal judge ruled Tuesday, finding that a pair of policy exclusions unambiguously bar coverage.

  • September 27, 2022

    Travelers Has No Duty To Defend Northrop Pollution Suit

    A New York federal judge found that Travelers Indemnity Co. has no duty to defend Northrop Grumman Corp. in a proposed class action brought by a group of Long Island residents and property owners over groundwater contamination.

  • September 27, 2022

    Insurers, Art Exhibitor Settle Forgery Coverage Fight

    An art exhibitor and a group of European insurers have settled their dispute over insurance payments amid an investigation into paintings seized by the Italian government in 2017 under suspicions of forgery, according to an order dismissing the case Tuesday.

  • September 27, 2022

    Insurer Fights Hartford's Bid For Defense Reimbursement

    A Hartford unit isn't entitled to reimbursement of what it has spent defending a contractor involved in litigation with Gallaudet University over a residence hall construction project, Ohio Security Insurance Co. told a D.C. federal court, saying it didn't receive timely notice of the initial claim.

  • September 27, 2022

    NJ Panel Says Ride-Hailing Act Doesn't Cover Food Delivery

    An insurer is not obligated to provide underinsured motorist coverage to an injured Uber Eats driver, a New Jersey state appeals court ruled Tuesday, finding that insurance coverage requirements under the state's Transportation Network Company Safety and Regulatory Act do not apply to food delivery services.

  • September 26, 2022

    Railroad Says Insurer Shirked Ga. Wrongful Death Indemnity

    Norfolk Southern Railway Co. asked a Georgia federal court Monday to find an insurer must pay to defend a wrongful death lawsuit brought against it by the husband of a woman killed by a train while crossing tracks in 2021.

  • September 26, 2022

    Chubb Unit's $8.5M HVAC Fire Suit Partially Moves Forward

    An Ohio federal judge partially allowed a Chubb unit on Monday to move forward with its bid to recoup coverage paid to a Minnesota broadcaster for an $8.5 million HVAC fire, finding the parties disagree on whether the installer of the ventilation system knew or should have known it was defective.

  • September 26, 2022

    Insurer Can't Escape Bad-Faith Claims, Ga. Gas Cos. Say

    Navigators Insurance Co. can't escape its coverage duties to Atlanta Gas Light Co. even if its named insured reached a settlement over a gas leak explosion that injured three people, the gas company told an Indiana federal court Monday, arguing it is entitled to additional insured coverage.

  • September 26, 2022

    Camden Diocese Touts $87M Ch. 11 Plan Over Insurer Deal

    The Diocese of Camden, New Jersey, has filed a brief in support of its proposed Chapter 11 plan, saying its agreement to fund an $87.5 million sexual abuse claim settlement fund is the best way to provide recoveries to the hundreds of tort claimants in the case.

  • September 26, 2022

    Insurer Must Face Mold Claims In Suit Over Burst Pipe

    United National Insurance Co. cannot avoid mold damage claims raised by a former owner of a Wyndham Garden hotel seeking more than $20 million in total coverage, a Louisiana federal judge ruled, rejecting the insurer's argument that all mold caused by a pipe breach is excluded.

  • September 23, 2022

    AIG Scores Early Win In Ex-Company Atty's Retaliation Suit

    A New York federal judge handed American International Group a win Friday in a lawsuit by the former head of its legal consulting arm, ruling the ex-employee's own statements doom his claims that he was retaliated against for reporting alleged fraud within the company.

Expert Analysis

  • Climate Change And Insurance: Insurers' Subrogation Claims

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    Once the litigation floodgates open for property damage lawsuits against greenhouse gas polluters, a second wave of subrogation claims brought by first-party property insurers is likely to follow, say José Umbert and Jason Reeves of Zelle.

  • How Opioid 'Negotiating Class' Would Affect Civil Claims

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    The opioid multidistrict litigation plaintiffs' proposal for the first ever "negotiating class" highlights numerous issues with using civil litigation to create funding for a social crisis without regard to fundamental legal tenets, says Adam Fleischer of BatesCarey.

  • The Latest Developments In Criminal Cases Against Execs

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    This spring, there was some noteworthy news in white collar government investigations impacting executives, including the first successful prosecution in the opioid bribery scheme and the first criminal charges for failure to report under the Consumer Product Safety Act, say attorneys at Miller & Chevalier.

  • A Cautionary Word For Providers Of Drug Addiction Treatment

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    With the national opioid crisis outpacing the historically small addiction treatment industry, economic growth is drawing an influx of providers that are unscrupulous or inexperienced, and increased enforcement activity is following close behind, says Renee Martin of Dilworth Paxson.

  • IRS Should Use Tax Law To Combat The Opioid Epidemic

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    The IRS, which enforces anti-trafficking tax laws against state-regulated cannabis businesses, should be fair and apply the same policy against pharmaceutical companies that illegally market their opioids, says Kat Allen at Wykowski Law.

  • Maximizing Insurance Recovery For Energy Companies

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    Two recent cases from Texas showcase some of the unique insurance challenges faced by the energy industry. Oil and gas companies must carefully craft their insurance programs to account for economic, political and societal pressures, say Robin Cohen and Lauren Varnado of McKool Smith.

  • Preet Bharara On The Human Factor In The Justice System

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    A key theme in Preet Bharara's new book is the enormous role the human element plays in the administration of justice. The former U.S. attorney for the Southern District of New York discussed this theme, among other topics, in a recent conversation with White and Williams attorney Randy Maniloff.

  • Climate Change And Insurance: Learn From MTBE, Asbestos

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    While climate change litigation is a relatively nascent development, liability insurers have historically faced emerging risks like claims arising from methyl tertiary butyl ether and asbestos. Climate change suits will likely present similar issues, say Kristin Suga Heres and Jeffrey Gordon of Zelle LLP.

  • 5 Key NJ Insurance Coverage Decisions From 2018

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    From a policyholder's perspective, last year's insurance coverage decisions left New Jersey state law scattered at best. Three decisions forged ahead, expanding policyholder rights, while two other decisions took a step backward from established law, say Robert Chesler and Christina Yousef of Anderson Kill PC.

  • Insuring The Ever-Growing Cannabis Industry: Part 1

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    As the cannabis industry continues to blossom, so too will the need for insurance coverage to protect cannabis-related companies. In the first part of this series, Jodi Green and Patricia Daza-Luu of Nicolaides Fink Thorpe Michaelides Sullivan LLP discuss the present state of cannabis insurance and the variables potentially impacting the market.

  • Climate Change And Insurance: Litigation Risks For Insurers

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    Liability insurers should respond to recent climate change lawsuits proactively by offering a dedicated climate change policy that can more accurately measure the exposure and rate the risk of climate change, say Jason Reeves and Jose Umbert of Zelle LLP.

  • Courts Are Getting It Right On Litigation Funding Discovery

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    Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.

  • Legal Finance Is Underutilized In The Insurance Field

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    Legal finance remains underutilized in the insurance space, but can be a transformative instrument for policyholders that allows for the aggressive pursuit of recovery on valid claims while reducing risk, improving accounting treatment and maximizing settlements and awards, says Andrew Lundberg of Burford Capital LLC.