General Liability

  • September 19, 2022

    Insurer Says No Coverage For Contractors In Injury Suit

    A Markel unit sued a pair of construction companies in New York and New Jersey federal courts, arguing that it has no duty to cover defense costs related to an underlying suit from an injured worker.

  • September 19, 2022

    Progressive Skimps On Payouts For Totaled Cars, Suit Says

    A Nebraska woman filed a proposed class action alleging Progressive relies on faulty calculations that artificially undershoot the actual cash value of totaled cars, resulting in unfairly low payouts to policyholders.

  • September 19, 2022

    Insurer Says Motel Not Covered For Fentanyl Death Suit

    A Florida motel is not entitled to coverage for an underlying suit filed by the family of a woman who died of a fentanyl overdose on the motel's premises, an insurer told a Florida federal court, saying coverage is barred by the policy's pollution and chemical materials exclusions.

  • September 16, 2022

    Toymaker Accused Of Fraud Must Defend Itself, Insurer Says

    An insurer told a Minnesota federal court Friday that it had no duty to defend a toy company and its owners against a suit accusing them of running a criminal network to evade payment of an $8.5 million default judgment for falsely advertising waterslides.

  • September 16, 2022

    Insurer Refuses To Defend Bakery In Ga. Poisoned Wells Suit

    An insurance company filed suit in Georgia federal court claiming it has no duty to defend a commercial bakery accused in an underlying suit of being part of a group dumping noxious waste at a rural property, poisoning wells near Athens, Georgia.

  • September 16, 2022

    Kinder Morgan Broke Insurance Contract, Mixed Ruling Says

    Although Kinder Morgan broke an agreement with TotalEnergies to maintain appropriate insurance at a Texas refinery the company operated for owner Total when a worker there died, it's not clear how much Total was damaged by that breach, a Texas appeals court said.

  • September 16, 2022

    Smelter Asks 8th Circ. To Rethink Pollution Coverage Loss

    Doe Run Resources Corp. urged the Eighth Circuit to rethink a recent decision that rejected its bid for coverage of underlying pollution suits, saying the panel failed to take into account a new claim the smelting company faced after an unfavorable Missouri Supreme Court decision on coverage.

  • September 16, 2022

    Exclusion Bars Coverage In Suit Over Fumes, Insurer Says

    An insurance company asked for a quick win in Florida federal court, arguing that a pollution exclusion clearly bars coverage for an owner and an operator of a business center that are accused of failing to stop a gun manufacturer tenant from causing bodily injuries due to noxious fume exposure.

  • September 15, 2022

    Wash. Justices Find No Coverage For Seattle Tunnel Delay

    The cost of a three-year delay in construction of a Seattle tunnel caused by a broken tunnel-boring machine known as "Bertha" is not covered by insurance, a unanimous Washington Supreme Court said in an opinion entered Thursday.

  • September 15, 2022

    2nd Circ. Upholds OneBeacon Asbestos Reinsurance Ruling

    OneBeacon Insurance Co. must contribute its share of a $35 million settlement paid by excess insurer Fireman's Fund Insurance Co. to release itself from an insolvent mining company's asbestos exposure liability, the Second Circuit affirmed Thursday, finding that the below-limits settlement nonetheless triggered OneBeacon's reinsurance obligations.

  • September 15, 2022

    Insurer Wants Out Of Covering Faulty Concrete Work, Welding

    An insurer claims it is not required to cover a subcontractor accused of faulty concrete and welding work, arguing that the damage to the property does not qualify for coverage in a lawsuit filed in Oklahoma federal court.

  • September 15, 2022

    Bojangles Franchisee Seeks Coverage For Sex Abuse Suit

    Bojangles' largest franchise operator sued its three insurers in Georgia federal court, claiming they owe defense coverage under employment and commercial general liability policies for underlying litigation alleging one of the franchisee's employees sexually assaulted another worker.

  • September 15, 2022

    Basketball Hall Of Fame Seeks Coverage For Renovation Suit

    The Basketball Hall of Fame said a Chubb unit must defend and indemnify it in an underlying action accusing the nonprofit organization and its for-profit subsidiary of unlawfully conspiring to secure funds for a renovation project.

  • September 15, 2022

    Ozy Media Insurer Says Injunction Bid Fails

    An insurer for Ozy Media Inc. asked a California federal court to reject the media company's request for a preliminary injunction ordering the insurer to advance defense costs under a rescinded insurance policy, arguing that the media company falls short in meeting the requirements for such a request.

  • September 14, 2022

    Fla. Panel Flips PIP Payment Judgment In Insurer's Favor

    A Florida appeals court panel on Wednesday reversed part of a ruling that accused an insurer of wrongfully refusing payments for personal injury protection after a woman blamed missing a medical examination on being unable to find nearby parking. 

  • September 14, 2022

    $8M LA Home Defects Not Covered, Insurer Tells Judge

    Atain Specialty Insurance Co. told a California federal judge it does not have to cover $8 million in defects that appeared after a tile company worked on a luxury home in Los Angeles, saying the company's policy specifically excluded new residential construction.

  • September 14, 2022

    Insurers Ask Ohio Panel To Rethink Lead Paint Coverage

    A group of insurers urged an Ohio appeals court to reconsider its September ruling that they must cover The Sherwin-Williams Co.'s payment into a lead paint abatement fund in California, saying the decision is contrary to the Ohio Supreme Court's recent reasoning in an opioid coverage dispute.

  • September 14, 2022

    Insurer's Pollution Coverage Suit Partly Axed As Premature

    An Alabama federal court tossed part of an insurer's coverage dispute with an oil disposal company, saying it's too soon to determine whether the insurer has a duty to indemnify the company in two underlying pollution lawsuits but leaving questions over defense in play.

  • September 14, 2022

    Patient Seeks OK On Cigna Liposuction Denial Class Deal

    A woman who claimed Cigna wrongly denied patients coverage for liposuction procedures asked a California federal judge to clear a settlement over a final hurdle to resolve the case brought against the insurance giant.

  • September 13, 2022

    Wash. Justices Weigh Insurers' Venue Dispute With Regulator

    The Washington Supreme Court considered Tuesday whether an outside hearing officer should settle a dispute between the insurance industry and the state's insurance regulator, questioning whether the high court should even weigh in before an administrative hearing process is complete.

  • September 13, 2022

    Panelists Parry Environmental Liability Coverage's Evolution

    The collision of the growing number of government lawsuits over climate change and increased regulation of hazardous substances with a better prepared insurance industry will spark new legal debates as issues enter the courtroom doors, two panelists said in a Wednesday webinar.

  • September 13, 2022

    SC Justices Mull Private Rights Of Action Against Insurers

    The South Carolina Supreme Court appeared undecided Tuesday whether a statute requiring insurers to notify the state's Department of Revenue of cancellations of liquor liability coverage creates a private right of action for an injured party against the insurer for its failure to satisfy the reporting requirement.

  • September 13, 2022

    Too Soon For Wrongful Death Coverage Suit, Court Told

    A Georgia social services provider accused of neglect and abuse in the death of an autistic man told a Georgia federal court that the insurance dispute brought by its excess insurer should be tossed because the case isn't ripe for action.

  • September 13, 2022

    BMW Dealer Sues Marsh McLennan Unit Over $4M Settlement

    A South Carolina BMW dealership and its insurers are suing a Marsh McLennan-affiliated claims manager, saying that the manager's failure to respond to a car accident injury suit cost it the chance to contest liability, resulting in a $4 million settlement.

  • September 13, 2022

    Insurer Agrees To Cover Construction Co. In Death Suit

    An insurer dropped its dispute with a construction company over coverage for an underlying suit filed by the widow of a worker killed on the job, telling a Tennessee federal court it has agreed in mediation to provide coverage for the woman's workers' compensation claim.

Expert Analysis

  • What Conn. Opioid Ruling Means For Liability Insurers

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    In New Haven v. Purdue, a Connecticut state judge ruled last week that opioid manufacturers are not liable for cities' emergency and social services costs. This decision protects liability insurance from being transformed into a funding mechanism for social problems that it was not designed to cover, say Patrick Bedell and Kevin Harris of BatesCarey LLP.

  • More State Issues The Blue Wave May Shape In 2019

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    In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year.

  • Property And Casualty Insurers Face A Genomics Revolution

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    Plaintiffs attorneys are winning big in civil litigation by invoking genomic susceptibility arguments, and trends suggest that property and casualty insurers will face more and larger claims as a result. But genomic data can assist both plaintiffs and defendants, say David Schwartz of Innovative Science Solutions and William Wilt of Assured Research.

  • A Post-Election Survey Of The Health Care Ecosystem

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    Health care featured prominently in the 2018 midterm election campaign. Here, attorneys with Debevoise & Plimpton LLP offer thoughts on what the election results and a divided Congress mean for different sectors of the health care industry.

  • Insurers Are Well-Positioned To Address Opioid Epidemic

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    By combining effective education, prevention, behavioral health care and evidence-based treatment, health insurance providers are making real progress in the fight against opioid addiction, says Matthew Eyles of America's Health Insurance Plans.

  • How Corporate Reputation Risk Is Exacerbating D&O Liability

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    At a time when the materiality of corporate reputation risk is widely recognized, but institutional safeguards against that risk are not, what are the implications for directors and officers? The current state of play is not comforting, says Nir Kossovsky of Steel City Re.

  • Know The Limits To Atty Public Statements During A Trial

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    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Clarifying The Scope Of Bankruptcy Code 3rd-Party Injunction

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    The Third Circuit’s decision last month in W.R. Grace contains valuable lessons for insurers on the benefits that can be obtained by a third-party injunction issued under Section 524(g)(4) of the Bankruptcy Code, say Craig Goldblatt and Nancy Manzer of WilmerHale.

  • Payors Share Some Responsibility For The Opioid Epidemic

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    Recently, well-known commercial insurance companies and government health insurance programs like Medicare and Medicaid have come under scrutiny for their role in allegedly getting and keeping patients addicted to opioid painkillers while not doing enough to help curb the epidemic, says Joy Stephenson-Laws of Stephenson Acquisto and Colman.

  • How 2 Cases Have Settled NY Insurance Allocation Law

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    The past two years have seen insurance coverage lawyers coming to terms with the impact of two landscape-changing decisions from New York's highest court, Viking Pump and Keyspan. Together, these cases make clear that under New York law, the allocation approach that will apply to long tail claims is governed by the presence of certain policy language, say Cort Malone and Vivian Michael of Anderson Kill PC.

  • Fortuity Rules May Incite Coverage Row Over Opioid Lawsuits

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    Recent cases like Miami-Luken v. Navigators emphasize that losses must be accidental and fortuitous to be covered by insurance. Since most opioid lawsuits allege that defendants knowingly caused harm, companion insurance coverage suits will continue to raise issues such as prior knowledge and known loss, say Monica Sullivan and Jodi Green of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • The Opioid Epidemic: Who Will Jurors Hold Accountable?

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    Hardly a day goes by where we don’t hear about another lawsuit being filed accusing pharmaceutical companies, distributors, hospitals and pharmacies of fueling the country’s addiction to opioids. But without any of these cases reaching a jury to date, it can be difficult to predict how jurors will react to these claims, says Christina Marinakis of Litigation Insights.

  • 6 Upcoming Supreme Court Cases That Will Affect Insurance

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    Next term, the U.S. Supreme Court will hear six cases that might impact insurers, reinsurers and other financial services institutions. These cases will address asbestos, immunity and exemption, class action and arbitration issues, say Mark Bradford and Damon Vocke of Duane Morris LLP.