General Liability

  • November 10, 2022

    Medical Co. Can't Get Coverage For BIPA Suit, Insurers Say

    A medical device manufacturer is not covered in an underlying class action alleging violations of the Illinois Biometric Information Privacy Act, two insurers told an Illinois federal court, citing exclusions and a failure to timely notify them of the suit.

  • November 10, 2022

    Senior Care Co. Not Covered In EEOC Suit, Insurer Says

    A senior care facility is not covered in an equal employment opportunity lawsuit alleging it allowed its employees to be harassed and retaliated against them for complaining, an insurer and its agent told a Colorado federal court.

  • November 10, 2022

    Victims, Insureds Move To Settle Fatal Crash Appeal In 1st Circ.

    An XL Specialty unit along with policyholders and victims of a fatal crash at an auto auction asked the First Circuit to dismiss two appellate actions over coverage of the 2017 incident, saying the parties resolved the issues in dispute by way of a confidential settlement.

  • November 10, 2022

    Sports Celebrations Can Raise Slew Of Coverage Claims

    The Houston Astros' World Series win over the Philadelphia Phillies didn't lead to rioting in either city, but sports fans' rowdy reactions to championship results have resulted in property damage ⁠— and insurance claims ⁠— in the past.

  • November 09, 2022

    State Farm Drops $1.2M Suit Against Tesla Over Garage Fire

    Two State Farm units agreed Wednesday to drop their more than $1.2 million lawsuit against Tesla Inc. in Indiana federal court, which levied accusations that the automaker was responsible for a defective car that caught fire while charging in a family's garage.

  • November 09, 2022

    5th Circ. Panel Ponders Supervisor Exception To Exclusion

    A Fifth Circuit panel on Wednesday pressed counsel representing a contractor's insurer to clarify whether an amendment to an employer's liability exclusion in a commercial general liability policy applies to allegations of negligent supervision in an underlying suit over a pipeline worker's death.

  • November 09, 2022

    8th Circ. Affirms Agent's Win In Suit Over Flood Damage

    The Eighth Circuit upheld an insurance agency's win Wednesday in a fight over coverage for flood damage to $1.2 million worth of products kept at a warehouse, finding no extra duty existed to inform two hotel operators about the need for a builder's risk policy when storing fixtures during renovations.

  • November 09, 2022

    Pollution Exclusion Dispute Turns Toward Trial In Washington

    Despite a pollution exclusion in its policy, it's too soon to say if a Liberty Mutual Insurance Group unit has a duty to help Mid-Century Insurance Co. cover a Seattle property owner whose building is a suspected source of dry cleaner chemical contamination, a Washington federal judge ruled.

  • November 09, 2022

    Judge Dismisses Some Insurers From BP Spill Fraud Suit

    A Louisiana federal judge trimmed the number of insurance companies that must remain in a lawsuit the state's residents brought against attorneys over missed relief money following the 2010 BP Deepwater Horizon oil spill, finding that claims were first made before some policy periods began.

  • November 09, 2022

    Insurer Must Defend Energy Co. In Copyright Infringement Suit

    A Hartford unit must defend an energy consulting company accused of copyright infringement by an energy advisory firm, a Texas federal court ruled, finding that the insurer's defense obligation is triggered because some of the claims in the underlying suit are potentially covered by the policy.

  • November 09, 2022

    California Insurance Chief Lara Notches Midterm Victory

    Democratic Insurance Commissioner Ricardo Lara will stay in office after beating his rival, Republican Robert Howell, the president of a Silicon Valley-based cybersecurity equipment manufacturer, by a margin of 57.9% to 42.1% with 100% of precincts partially reporting as of early Wednesday.

  • November 08, 2022

    Republicans Hold On To Top Insurance Commissioner Spots

    Three states on Tuesday held elections for their top insurance regulator, including California, which is home to the biggest marketplace in the United States and a leader on some of the most significant climate initiatives to come out of the insurance industry. Here, Law360 gives a rundown of the results of the races and an overview of the contests.

  • November 08, 2022

    Disclosure Failures Not Just 'Sloppiness,' Colo. Judge Says

    A Colorado federal judge on Tuesday shot down an argument from a contractor's attorney that a failure to turn over 16,000 pages of unfavorable documents during discovery was the result of mere miscommunication and oversight rather than bad faith, saying the sanctionable conduct was "not sloppiness, in the court's view."

  • November 08, 2022

    New Name Dooms Software Co.'s BIPA Coverage, Insurer Says

    The insurer for a software company doesn't owe it coverage in an underlying Biometric Information Privacy Act action because the name on the policy doesn't match the name of the company, the insurer told an Illinois federal court.

  • November 08, 2022

    Insurer Had To Defend Colliers In Broker Suit, Judge Says

    A unit of The Hartford had a duty to defend Colliers International - Atlanta LLC against allegations that the commercial real estate agency was liable for a corrupt broker, up until a finding that the duty didn't exist, a Georgia federal judge has ruled.

  • November 08, 2022

    Del. Judge Sends Medical Device Co.'s Coverage Suit To Fla.

    A Delaware federal judge on Tuesday transferred to Florida a coverage dispute between a medical device company and its AIG and Chubb insurers over reimbursement of costs incurred in responding to government subpoenas and settling an underlying suit.

  • November 07, 2022

    Insurer Sues To Only Pay $1M In Mass. Bakery Fire Dispute

    Colony Insurance Co. asked a Massachusetts federal court Monday to let it make a $1 million payment toward claims arising from a deadly bakery fire and then wash its hands of the case, allowing the remaining parties to split the funds between what the insurer called "competing claims."

  • November 07, 2022

    Ex-Ga. Insurance Head Wants Kickbacks Indictment Tossed

    A former Georgia insurance commissioner who later founded his own insurance firm has asked a Georgia federal judge to toss an indictment over his alleged involvement in a health care kickback scheme.

  • November 07, 2022

    Texas Developers Tell 5th Circ. Hanover Shouldn't Get $570K

    A trio of developers sought to persuade the Fifth Circuit on Monday that their deal with a now-defunct contractor fell under a Texas public works contract law that would allow them to offset a judgment awarded to Hanover Insurance Co. by a trial court.

  • November 07, 2022

    5th Circ. Cloudy On Coverage For Salvage Yard's Discharges

    A Fifth Circuit panel appeared perplexed on what coverage issues a Texas federal judge would examine if it were to overturn a ruling finding Liberty Mutual and another insurer were not required to indemnify a salvage yard owner's settlement over stormwater discharges from its property.

  • November 07, 2022

    NY Clothing Store Drops $80K Sewer Backup Coverage Suit

    A Brooklyn clothing store dropped its lawsuit seeking coverage from Continental Casualty Co. for an $80,000 sewer backup after the parties reached a settlement.

  • November 07, 2022

    Insurers Say Policies Don't Cover Chair Co.'s Trademark Suit

    A pair of Nationwide units said they have no duty to defend or indemnify an office chair company in a trademark dispute, telling a Maryland federal court that the underlying suit does not seek damages because of bodily injury, property damage, or personal and advertising injury.

  • November 07, 2022

    NJ High Court Skeptical Of Insurer's Bid To Split Payment

    The New Jersey Supreme Court on Monday challenged an AmeriTrust unit's stance that a joint insurance fund is an insurer and thus responsible under their respective policies for Long Branch to split settlement coverage over a boy's death after he was buried in the sand on a city beach.

  • November 07, 2022

    Insurer Says Gentlemen's Club Not Covered In BIPA Suit

    Badger Mutual Insurance Co. told an Illinois federal court that it should have no duty to cover a Chicago-area gentlemen's club facing claims that it violated the state's biometric information privacy law, pointing to exclusions concerning data breach liability and information distribution.

  • November 07, 2022

    Judge Trims Trucking Co.'s Claims Against Progressive

    A trucking company can't maintain its claims that Progressive and a subsidiary acted in bad faith or broke its promises when it canceled the company's policy after a period of sudden expansion, but can pursue its fraud claim against the insurers, a Pennsylvania magistrate judge held Monday.

Expert Analysis

  • 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.

  • DOJ's Health Care Enforcement Initiative Is Still Going Strong

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    Last month, the U.S. Department of Justice released the results of its ninth annual health care fraud takedown, an aggregation of criminal, civil and administrative health care-related actions. It appears that the DOJ and its law enforcement partners are sticking to many of the same enforcement areas that were central to last year's takedown, say Melissa Jampol and George Breen of Epstein Becker Green.

  • Claimants Shouldn't Be Forced To Disclose Litigation Funding

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    Many have compared the Litigation Funding Transparency Act — recently introduced in the Senate — to the established requirement that defendants disclose insurance coverage information. But the bill would result in costly discovery sideshows that unnecessarily burden claimants and courts, say Matthew Harrison and John Harabedian of Bentham IMF.

  • Highlights Of Proposed Medicare Payment And Policy Rules

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    The Centers for Medicare & Medicaid Services recently released a deluge of proposed Medicare payment updates and policy changes for hospitals and post-acute providers. Key themes emerging from the proposal include encouraging price transparency, promoting exchange of health care data and easing the regulatory burden on providers, say attorneys with Morgan Lewis & Bockius LLP.

  • No Smoke But Alarms Are Ringing: Insurance For E-Cigarettes

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    Litigation over e-cigarettes has thus far been limited to claims arising out of malfunctioning devices, but injury claims that result from widespread use of e-cigarettes that function exactly as intended will involve numerous interesting and contested insurance coverage issues, says Jonathan Viner of Nicolaides Fink Thorpe Michaelides Sullivan LLP.