General Liability

  • December 19, 2023

    7th Circ. Got BIPA Insurance Ruling Wrong, Ill. Judges Say

    An Illinois appellate court ruled Tuesday that two insurers are not responsible for part of a $19 million settlement in underlying biometric privacy litigation based on a broad violation-of-law policy exclusion, saying the Seventh Circuit's recent analysis of nearly identical language is not "an accurate reflection of Illinois law."

  • December 19, 2023

    Insurer Settles Oklahoma Mobile Home Flood Defense Suit

    An insurer has settled its Oklahoma federal court suit seeking to disclaim coverage of an RV park accused in an underlying suit of failing to inform renters of risks before leasing flood-prone property.

  • December 19, 2023

    Citgo Wins $49M Jury Verdict In Oil Cargo Loss Dispute

    Lloyd's underwriters and other insurers must pay Citgo Petroleum Corp. over $49 million to cover the costs of oil cargo lost during political unrest in Venezuela, a New York federal jury held on Monday, finding that insurers had violated the terms of the U.S. refiner's policy.

  • December 19, 2023

    Bar Owners Say Agency Canceled Policy Before $7.5M Claim

    An insurance agency canceled a Boston bar's general liability policy sometime prior to an assault on a 68-year-old patron, leaving the bar's owners on the hook for potential damages of $7.5 million or more, according to a Monday complaint filed in Massachusetts state court.

  • December 19, 2023

    Krispy Kreme Gets No Defense For BIPA Suit, Insurer Says

    Krispy Kreme is not owed a defense in a proposed class action accusing it of violating the Illinois Biometric Information Privacy Act, its insurer told a North Carolina federal court, saying several policy exclusions bar coverage.

  • December 19, 2023

    Insurer Can't Pass Settlement To Other Carrier, 5th Circ. Rules

    An Argo Group unit cannot shift some of an undisclosed settlement to the other participating insurer, a unanimous Fifth Circuit panel said, finding the latter is responsible only for the damage that occurred during its policy after a faulty roof replacement done by a mutual insured.

  • December 19, 2023

    SC Jury Finds Insurers Correctly Denied Fire Loss Coverage

    A South Carolina state jury unanimously said three insurers correctly denied coverage to a property management company for damage and losses stemming from a 2019 fire, finding a policy endorsement required automatic sprinkler systems to be connected, maintained and in working order, according to a verdict sheet filed Tuesday.

  • December 18, 2023

    Restoration Co. Not Covered For Homeowner's Lost Property

    An insurer doesn't owe coverage to a restoration company for a $428,000 judgment reached over a woman's lost and damaged property, a Virginia federal court ruled Monday, finding that the company failed to notify its insurer of the initial loss and subsequent lawsuit.

  • December 18, 2023

    Insurer Wants Out Of Covering Defense In BIPA Class Action

    A Pennsylvania insurer filed a declaratory judgment action against an Illinois supply chain management firm in Illinois state court, asking the court to determine that it owes no duty to defend or indemnify the firm in an underlying putative class action regarding an alleged biometric privacy violation.

  • December 18, 2023

    SC Judge Won't Reconsider Foam Co. Dismissal Ruling

    A South Carolina federal judge refused to reconsider or certify for interlocutory appeal a ruling denying a group of insurers' bid to dismiss a firefighting foam company's coverage dispute, finding Monday that there are insufficient grounds to dismiss the case and that approving it for appeal would promote "piecemeal litigation."

  • December 18, 2023

    3rd Circ. Tosses Insurer Win In Nursing Home Coverage Row

    A Third Circuit panel vacated an insurer's quick win against a nursing home company facing claims from long-term care residents who contracted COVID-19, saying the coverage fight wasn't yet ripe for the district court because the company hadn't met its policy's $3 million self-insured retention threshold.

  • December 18, 2023

    $8B Counterclaims In Chinese Insurer's Hotel Theft Suit Fail

    A California federal judge tossed $8 billion in counterclaims made by a law firm and an investor accused by a Chinese insurer of playing a role in a billion-dollar title theft scheme involving American luxury hotels in New York and California.

  • December 15, 2023

    NY Archdiocese Escapes Chubb Suit Over Sex Abuse Claims

    A New York judge on Friday tossed a lawsuit brought by Chubb Insurance against the Archdiocese of New York over a slew of sex abuse complaints the church is facing, saying that under the "plain language" of the policies the church held, it is "obvious" they cover the lawsuits. 

  • December 15, 2023

    Generator Co. Wasn't Liable For Fire, Judge Says

    A portable generator company doesn't have to reimburse an insurer for damages it covered after a fire broke out at a policyholder's home, a Minnesota federal court said, finding that the insurer failed to present evidence that would allow it to prevail on design or manufacturing defect claims.

  • December 15, 2023

    Insurer Escapes Covering Ky. Contractors In Defects Row

    A federal judge allowed an insurer to escape coverage for a pair of contractors embroiled in a defective construction dispute with the owner of a Louisville, Kentucky, apartment complex, finding Friday that the underlying claims were not covered under its policy.

  • December 15, 2023

    3rd Circ. Won't Give Early Boot To Boy Scouts' Ch. 11 Appeals

    A panel of the Third Circuit won't toss appeals challenging the Boy Scouts of America's Chapter 11 plan as moot, it said in an order, adding that it plans to consider the merits of the cases.

  • December 15, 2023

    Mich. Panel Begrudgingly Reverses Progressive's Early Win

    An orthopedic clinic has standing to sue Progressive in a no-fault insurance dispute due to prior rulings, a Michigan state appeals court has said, despite finding that the clinic transferred its right to pursue payment to multiple third-party companies.

  • December 15, 2023

    5th Circ. Backs Insurer's Defeat Of 401(k) Exit Fee Suit

    The Fifth Circuit refused to reinstate a dental office's proposed class action alleging an insurer unlawfully charged fees to 401(k) plans that left its platform, saying the insurer had no duty under federal benefits law to waive the charges.

  • December 14, 2023

    Contractor Gets Order Tweaked In Quantico Construction Suit

    A Virginia federal judge granted a contractor’s request to modify an insurer’s proposed order for default judgment against a third-party construction company in a dispute over defective work at a U.S. Navy school, adding language to the order to prevent it from affecting the contractor’s other ongoing suits.

  • December 14, 2023

    AIG Says Fla. Marina Must Pay For Damaged Boat

    AIG is seeking reimbursement of over $240,000 from a Miami marina, telling a Florida federal court that the marina's negligence contributed to a boat lift malfunction, which left its policyholder's boat damaged beyond repair.

  • December 14, 2023

    Geico Prioritized Noninsured In Auto Suit, 9th Circ. Told

    Geico unreasonably refused to settle a wrongful death suit against its policyholder by prioritizing a noninsured party over its actual insured, according to a brief filed in the Ninth Circuit by the parents of a person who died after the policyholder struck him with a vehicle.

  • December 14, 2023

    Home Depot Brings $50M Data Breach Loss To 6th Circ.

    Home Depot urged the Sixth Circuit to reverse a lower court's ruling that its insurers don't owe over $50 million in coverage for defense and settlement costs for a 2014 data breach, maintaining that the court incorrectly applied the policies' electronic data exclusion to bar coverage.

  • December 13, 2023

    Auto Shop Holding Hail-Damaged Cars Hostage, Insurer Says

    An auto repair shop is unfairly refusing to release to its insurer cars that the insurer took ownership of as part of a settlement with a dealership on behalf of the shop, the insurer told an Arkansas federal court, saying the shop is taking advantage of the situation.

  • December 13, 2023

    Insurer Warns Of 2024 Geopolitical Challenges For Companies

    Company bosses face the threat of legal action next year over failures on geopolitical factors, artificial intelligence and concerns about the environment, an insurer warned Wednesday.

  • December 13, 2023

    Lessor Denies Delaying $97M Payout Over Lost Plane

    An aircraft lessor told a London court that it has already paid out an indemnity following the destruction of its leased plane in Sudan and that therefore a claim by a Saudi airline for $97 million in insurance proceeds should fall away.

Expert Analysis

  • Examining Event Cancellation Coverage As COVID Lingers

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    Recent pandemic-related postponements from the NBA, NFL and Grammys, coupled with COVID-19 being excluded from new event cancellation policies, highlight the need for event organizers to explore cancellation risks and how specialty coverage can serve as a tool for mitigation, say Jorge Aviles and Andrea DeField at Hunton.

  • Using Insurance Coverage To Fund Early Settlement

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    A recent settlement between health care company Vision Path and the Federal Trade Commission shows that settling early is a prudent consideration to avoid defense costs and preserve the bulk of the insurer budget for a settlement or judgment, say Jason Callen and Beau Creson at K&L Gates.

  • Fla.'s New Appeal Rule Will Cause More Harm Than It Cures

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    Florida's new procedural rule, permitting interlocutory appeals of orders that allow complaint amendment to add punitive damages, champions an unnecessary and often overly broad solution at the expense of the timely administration of justice, say Hugh Lumpkin and Wesley Butensky at Reed Smith.

  • Federal Courts Are Right Venue For COVID Insurance Cases

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    Two recent Law360 guest articles positing that state, not federal, courts should be deciding COVID-19 insurance coverage disputes incorrectly assume that these cases contain novel insurance law issues, say attorneys at Dentons.

  • What Pa. Procedure Rule Change Means For 'Snap Removals'

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    In light of Pennsylvania's recent civil procedure rule amendment significantly decreasing defendants' time to remove cases from state to federal court, Shari Milewski and Donald Kinsley at Maron Marvel offer some practical tips for maintaining snap removal as a viable defense tool.

  • How NJ Bad Faith Auto Insurance Bill Compares To Pa.'s

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    The recently enacted New Jersey Insurance Fair Conduct Act, is in some ways narrower and in other ways broader than Pennsylvania's notoriously strict bad faith statute and leaves open many fundamental questions, which took Pennsylvania decades of litigation to resolve, say Kristin Jones and Brian Callaway at Troutman Pepper.

  • Del. High Court Gets It Right With Opioid Nuisance Ruling

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    In ACE v. Rite Aid, the Delaware Supreme Court has issued a groundbreaking insurance ruling that helps define the fundamental bargain at the heart of commercial insurance coverage and demonstrates why such coverage does not extend to public nuisance claims, says Adam Fleischer at BatesCarey.

  • Flawed NY Insurance Law Needs Amendments

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    The New York Comprehensive Insurance Disclosure Act, recently signed by the governor, imposes a multitude of problematic disclosure obligations on defendant-insureds, which the Legislature should — and likely will — seriously consider modifying or eliminating, says Richard Mason at MasonADR.

  • Justices May Hesitate To Review Calif. Fraud Coverage Case

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    In Adir International v. Starr Indemnity, the policyholders are asking the U.S. Supreme Court to review their challenge of a California law prohibiting insurers from defending insureds in certain consumer protection claims, but the court may not be ready to decide the issue at this time, says Greg Mann at Rivkin Radler.

  • Court Split On Amazon's Seller Liability Could Be Moot

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    Courts across the country have split on Amazon's liability for products sold on its marketplace, but if more e-commerce platforms follow its lead on insurance coverage requirements for vendors, it may not matter how courts resolve the seller liability issue, says Thomas Kurland at Patterson Belknap.

  • JP Morgan Ruling May Have Broad Insurance Implications

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    The New York Court of Appeals' recent decision in J.P. Morgan Securities v. Vigilant Insurance — that settlement funds paid to the U.S. Securities and Exchange Commission did not constitute a penalty for insurance purposes — could have far-reaching application in other types of insurance litigation where plaintiffs could be characterized as seeking equitable relief, say Robert Shulman and Cristen Rose at Paley Rothman.

  • Insurers Should Honor Astroworld Coverage Obligations

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    While insurers may be eager to shift blame on Astroworld showrunner Travis Scott for conditions that resulted in 10 deaths and dozens of injuries, arguments suggesting the tragedy shouldn't be covered appear baseless in light of the facts and the law, says Benjamin Massarsky at Miller Friel.

  • Resolving Asbestos Suits Faster In The Pandemic And Beyond

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    Trial delays due to COVID-19 are an incentive for asbestos plaintiffs and defendants to adopt litigation reforms that can help bring cases to verdicts or settlements faster — changes that will be valuable even after the pandemic ends, says Lisa Oberg at Husch Blackwell.