General Liability

  • October 31, 2022

    Insurer Denied Win In Fatal Overdose Coverage Dispute

    An insurer can't get a quick win in its bid to avoid defending a convenience store owner and an employee facing an underlying suit over a woman's fatal overdose, a Connecticut federal judge ruled Monday, saying there are factual issues concerning whether there was an occurrence that would trigger coverage.

  • October 31, 2022

    Insurer's Suit Against Houston's Can't Be Resolved Yet

    A Georgia federal judge has denied bids by both an insurer and a restaurant company to toss a lawsuit over who must defend a worker in his underlying suit claiming he was injured while cleaning a kitchen, saying the court can't yet determine the parties' legal relationship.

  • October 31, 2022

    Pilgrim's Wants Out Of Coverage Dispute Over Pollution Suit

    Global poultry and pork producer Pilgrim's Pride should be removed from Grange Insurance's declaratory action seeking to escape coverage of an underlying environmental nuisance suit, Pilgrim's told a Georgia federal court Monday, noting it has not sought any rights under the Grange policy.

  • October 31, 2022

    Insurer Avoids Defending Miami Beach In Injury Suit

    Security National Insurance Co. has no duty to defend the city of Miami Beach in an underlying personal injury suit against a drainage company, a Florida federal court ruled, finding that a claim for vicarious liability against the city needed to be brought forward, not allegations of direct liability.

  • October 31, 2022

    Ill. Panel Affirms CNA Units' Duty To Defend Asbestos Suits

    A group of CNA insurers breached their contractual duties to defend engineering firm Sargent & Lundy LLC against nearly 250 asbestos exposure suits, an Illinois state appeals court affirmed, also holding that the firm is not entitled to prejudgment interest on its $2.7 million damages award.

  • October 28, 2022

    USAG, Liberty Mutual Unit End Dispute Over Nassar Award

    USA Gymnastics agreed to dismiss its bankruptcy insurance case against a Liberty Mutual unit Friday, ending years of litigation following a $380 million settlement with victims of former team doctor and convicted sexual abuser Larry Nassar.

  • October 28, 2022

    5th Circ. Finds Additional Coverage For Art Center Collapse

    The Fifth Circuit in an unpublished opinion Friday broadened coverage for expenses incurred by a Mississippi city after the partial collapse of a performing arts center, but concluded that a majority of the costs are not covered due to the policy's owned-property exclusion.

  • October 28, 2022

    Suit On State Farm's Vehicle Valuation Premature, Judge Says

    A Georgia federal court Friday tossed a proposed class action accusing State Farm Mutual Automobile Insurance Co. of systematically undervaluing totaled vehicles, finding the lead plaintiff failed to abide by his auto policy's appraisal provisions before taking the insurer to court.

  • October 28, 2022

    Hartford Unit Drops Suit Over Atty Feud Coverage

    A Hartford unit is dropping a lawsuit it filed earlier this year seeking to avoid covering a Las Vegas law firm in underlying litigation involving the firm's current and former partners, the insurer told a Nevada federal court Friday.

  • October 28, 2022

    Superstorm Sandy Leaves Long Insurance Legacy At 10 Years

    Ten years after Superstorm Sandy pummeled New York and the tri-state area, more homeowners and businesses are attuned to insurance coverage needs for storms, but concerns remain that highly urbanized areas are particularly vulnerable to natural disasters.

  • October 28, 2022

    Travelers Says No Coverage For Electric Co.'s Injury Dispute

    A Travelers unit said it doesn't owe coverage to an electrical company facing a $100,000 default judgment for its alleged failure to secure a live wire that injured a plumber at a work site, telling a Michigan federal court that the company breached its contractual duties under the policy.

  • October 28, 2022

    3rd Circ. Upholds No Coverage For Pa. Sex Trafficking Claims

    An insurer can stay out of covering a suburban Philadelphia inn's legal costs stemming from a trio of suits brought by women who say they were trafficked for sex and abused in its rooms, as the Third Circuit upheld a ruling Friday saying the claims are exempt under its policy.

  • October 28, 2022

    Insurer, Texas Co. Settle $1.2M Hail Damage Coverage Suit

    Seneca Insurance Co. has reached a settlement with a commercial property owner in a Texas federal suit over coverage of hail damage, according to a joint stipulation to dismiss the suit.

  • October 28, 2022

    Factual Issues Remain In Roof Coverage Row, Judge Says

    Republic-Vanguard Insurance Co. cannot yet escape coverage of a nearly $860,000 damages award to a church over faulty workmanship claims, a Kansas federal judge ruled, holding that there's a factual issue on whether the insurer sent a coverage denial letter to its insureds in the first place.

  • October 28, 2022

    Chocolatier Says Evidence Doesn't Support Sandy Verdict

    A chocolatier urged a New York federal court to override a recent jury verdict or order a new trial in a long-running coverage dispute over Superstorm Sandy damage, saying its insurer failed to identify any extrinsic evidence proving that the parties intended to bar coverage for storm surge losses.

  • October 28, 2022

    Insurer Ends Suit With CBD Co. Over Injury Defense

    Admiral Insurance Co. has settled a suit seeking to back out of defending a CBD company in litigation concerning allegations that a woman had to have her legs amputated after using a vape that was made, marketed or distributed by the cannabis company.

  • October 28, 2022

    Suits Over Sweets Present Tricks And Treats For Coverage

    Two federal lawsuits against candy makers alleging use of dangerous ingredients present tricks and treats for insurers and policyholders if coverage disputes start brewing, as experts say some unexpected exclusions could come into play.

  • October 27, 2022

    Law Panels Paint Picture Of Changing Insurance Landscape

    Trends stemming from COVID-19 business interruption litigation and the impact of recent rulings in opioid coverage fights stole the spotlight as panels of experts at a Practising Law Institute conference Thursday discussed the growth of insurance coverage disputes.

  • October 27, 2022

    5th Circ. Upholds Liberty Mutual's Win Over Oil Spill Coverage

    Liberty Mutual doesn't have to provide coverage for a crude oil company fighting an ongoing, 15-year Louisiana oil spill, the Fifth Circuit said Wednesday, finding that a total pollution exclusion applied to relieve the insurer of its obligations.

  • October 27, 2022

    Kaufman Dolowich Adds Atty To Insurance Group

    Kaufman Dolowich & Voluck LLP is expanding its insurance coverage and litigation practice group, the firm announced Thursday, hiring a new partner in the firm's Chicago office.

  • October 27, 2022

    Northrop, AIG Settle Coverage Dispute Over Asbestos Suits

    A dispute between Northrop Grumman and two AIG units over coverage of asbestos-related lawsuits was dismissed Thursday because the parties have reached a resolution, a New York federal court said.

  • October 27, 2022

    9th Circ. Says No Coverage For Agency Over Water Park Injury

    A Nationwide unit has no duty to defend or indemnify an Oregon insurance agency against claims it procured inadequate coverage for a water park that faced liability in excess of its coverage after a child was injured, the Ninth Circuit said in a published opinion Thursday.

  • October 27, 2022

    Liberty Mutual Wants Out Of Red Roof Sex-Trafficking Cases

    Liberty Mutual Fire Insurance Co. should have no duty to defend or indemnify various Red Roof Inn entities accused of knowingly facilitating sex trafficking at three Atlanta-area locations, the insurer told a Georgia federal court, pointing to various exclusions barring coverage for expected or intended acts.

  • October 27, 2022

    Lodge Asks 11th Circ. To Upend Insurer's Win Over Gun Death

    The clubhouse operator for a fraternal organization urged the Eleventh Circuit to reverse a ruling that its insurer didn't act in bad faith when handling an estate's claim over a fatal shooting that occurred on its premises, saying the district court based its decision on a one-sided view of the evidence.

  • October 27, 2022

    Camden Diocese Insurer Wants Cole Schotz Out Over Conflict

    One of the Diocese of Camden's insurers has called foul on the diocese's plan to hire Cole Schotz PC as special counsel in its bankruptcy case on the grounds that the firm is already representing one of the sex-abuse claimants against the diocese.

Expert Analysis

  • The Rapidly Evolving Medicare Telehealth Landscape

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    One of the biggest drivers of change in the telehealth industry is the Creating High-Quality Results and Outcomes Necessary to Improve Chronic Care Act, which was part of the recently passed Bipartisan Budget Act. The improvements included in the legislation are just the latest efforts signed into law to modernize telehealth nationwide, says Miranda Franco of Holland & Knight LLP.

  • For Some Insurance Claims, Plain Language Isn't Enough

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    Sometimes words with multiple definitions can cause interpretive problems for an insurance policy. One solution is the define-by-association approach, which was used in Kostin v. Pacific recently to determine whether a bankruptcy trustee's action to avoid a transfer of funds can qualify as a claim for personal injury, says Robert Helfand of Pullman & Comley LLC.

  • Insurance Considerations For Mass-Shooting Litigation

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    Mass-shooting litigation raises a number of unique concerns for civil defendants, and it has become increasingly critical for all interested stakeholders to understand the scope of potential coverage afforded by commercial general liability policies, as well as specialized insurance products, say Monica Sullivan and Matthew Novaria of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • ALI Restatement Misstates Law On Long-Tail Harm Claims

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    The current draft of the American Law Institute's Restatement of the Law on Liability Insurance contains a proposed rule on allocation that neither reflects the law as it presently stands nor reflects the flexibility and capacity for development and growth of the common law, say David Cox and Gerald Konkel of Morgan Lewis & Bockius LLP.

  • NY Slams Door On 'Unavailability Of Insurance' Exception

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    On March 27, the New York Court of Appeals issued a unanimous decision in KeySpan v. Munich, rejecting the so-called "unavailability of insurance" exception. This ruling sends a strong message that policyholders cannot hoist upon insurers responsibility for damage taking place outside policy periods, says Scott Seaman of Hinshaw & Culbertson LLP.

  • Opioid Solutions: Insurance, Legislation Or Litigation?

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    The past month has illustrated that while the opioid epidemic has worsened, solutions to the crisis have begun to emerge. However, all solutions are destined to be very expensive, raising several questions about the cost, says Adam Fleischer of BatesCarey LLP.

  • Calif. Duty To Defend Is In Jeopardy

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    In Liberty v. Ledesma and Travelers v. Actavis, the California Supreme Court should stand by its long, if not uniform, history of requiring an insurer to provide defense if there is even a remote possibility that the insured's conduct or its effects were accidental, say Kurt Melchior and Joan Cotkin of Nossaman LLP.

  • Illinois Supreme Court Should Clarify Insurance Law: Part 1

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    The Illinois Supreme Court is possibly reviewing two decisions from the appellate court that reached contradictory conclusions on the timeliness of an insured's lawsuit against an insurance producer. The Supreme Court should adopt RVP v. Advantage so that Illinois law will be uniform and sensible, says Patrick Frye of Freeborn & Peters LLP.

  • Insurance Tips For Defendants In Opioid Litigation

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    Several types of insurance policies can potentially cover costs of defense and ultimate liability for pharmaceutical manufacturers, wholesale distributors and retailers defending against opioid-related lawsuits, but policyholders must be wary of the potential issues that may arise, say Anna Engh and Cléa Liquard of Covington & Burling LLP.

  • Settlement Aspirations Enter The Opioid MDL

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    Two freight trains driving the opioid multidistrict litigation appear to be on a collision course. Journalistic investigations have revealed much about what the pharmaceutical industry knew about the opioid crisis, but just this week, Judge Dan Aaron Polster of the Northern District of Ohio made clear his plans to push the matter toward a global resolution in 2018, say Adam Fleischer and Kevin Harris of BatesCarey LLP.

  • 5 Health Care Policy Issues To Follow In 2018

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    As the 115th Congress enters its second session, it's expected that health care policy will remain at the forefront. Pari Mody and Kristine Blackwood of Arnold & Porter Kaye Scholer LLP discuss the top five health care policy issues to track this year.

  • A Look Back At Texas Insurance Law In 2017

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    2017 was a busy year for insurance practitioners, legislators and jurists in Texas, bringing a number of long-awaited Texas Supreme Court opinions, a few notable opinions from the Fifth Circuit and the introduction and passage of legislation aimed at minimizing abuses in weather-related claim and litigation matters, says Jennifer Gibbs of Zelle LLP.

  • MDL Hearing Signals A New Phase For Opioid Suits

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    On Nov. 30, the U.S. Judicial Panel on Multidistrict Litigation heard argument in over 100 government lawsuits seeking damages from pharmaceutical companies for the opioid epidemic. Whether these cases get consolidated and, if so, in which court, may have far-reaching implications, say Adam Fleischer and Kevin Harris of BatesCarey LLP.