General Liability

  • October 26, 2022

    Chubb Reports Nearly $1B In Hurricane Ian Losses

    Chubb reported almost $1 billion in losses from Hurricane Ian, while catastrophe losses in the third quarter totaled $1.16 billion, according to the insurer's third-quarter results.

  • October 26, 2022

    Medicare Advantage Insurers Allowed To Sue Primary Payers

    Private insurers providing Medicare Advantage services can sue primary insurers to recoup medical expenses under the Medicare Secondary Payer Act, the Second Circuit affirmed Wednesday, allowing Aetna Life Insurance Co. to win reimbursement from supermarket chain Big Y Foods Inc. over a woman's fall injuries.

  • October 26, 2022

    Insurer May Void Policy Over Landscaper's Misrepresentation

    An AmTrust Financial unit that defended a landscaping company in an underlying slip-and-fall suit may rescind its policy based on misrepresentations in the landscaper's insurance application, a Michigan federal court ruled Wednesday, saying the insurer is also entitled to recover reasonable defense costs that it incurred.

  • October 26, 2022

    AIX Claims Landlord Isn't Insured For Dallas Bar Death Suit

    AIX Specialty Insurance Co. has asked a Texas federal court to declare it doesn't have a duty to defend a commercial landlord that's facing liability claims from the parents of a man who fell off a bar's rooftop patio and died from his injuries.

  • October 26, 2022

    Insurer Says Defect Suit Not Covered By Contractor's Policies

    A general contractor is not entitled to coverage for an underlying lawsuit alleging defective construction work at a multifamily apartment complex, Mt. Hawley Insurance Co. told a Texas federal court Wednesday, saying any alleged property damage is not covered or is excluded from coverage by the provisions of its policies.

  • October 26, 2022

    Insurance Funds, Chubb Settle $4M Sex Abuse Coverage Row

    Three joint school insurance funds have reached a settlement with Chubb unit Illinois Union Insurance Co. over the funds' bid to recover more than $4 million in costs they said they incurred while litigating underlying sex abuse claims, the parties told a New Jersey federal court.

  • October 26, 2022

    Insurer Ordered To Show PPE Maker Is Ohio Citizen

    Admiral Insurance must show an Ohio federal court how it has jurisdiction over a coverage dispute against a personal protective equipment manufacturer by Thursday or face dismissal of its claims.

  • October 25, 2022

    Ohio High Court Won't Accept Jurisdiction In Coverage Fight

    Ohio's top court declined to accept jurisdiction for an appeal Tuesday from an insurer seeking to determine whether it was required to defend and indemnify an out-of-state company accused of environmental violations accrued while remediating a former foundry in Indiana.

  • October 25, 2022

    Broker Escapes Claims Over NJ Shooting Suit Coverage

    The owners of a banquet hall embroiled in a coverage dispute stemming from a 2017 shooting that left three injured cannot prevail on claims that their insurance broker failed to procure applicable and acceptable coverage, a New Jersey federal court ruled Tuesday.

  • October 25, 2022

    Insurers Point Fingers Over Who Must Cover Worker's Suit

    Units of Liberty Mutual, Tokio Marine and Cincinnati Insurance argued in New York federal court Tuesday over which particular policy they respectively provided to a Staten Island mall, a Raymour & Flanigan location and a general contractor should first cover their insureds for a worker's personal injury suit.

  • October 25, 2022

    McDonald's Supplier Wants Fire Loss Row In State Court

    A company that supplies kitchen equipment for McDonald's franchisees asked a Texas federal judge to send its fire loss coverage suit back to state court, claiming a Chubb unit removed the case in a "procedurally defective" manner.

  • October 25, 2022

    Liberty Mutual Unit Settles With Calif. Co. Over $4M Omission

    A Liberty Mutual unit has reached a settlement with a California electronics company it accused of not mentioning nearly $4 million of stolen goods in its insurance application.

  • October 25, 2022

    Traffic Control Insurer On Hook For Nevada Motorcycle Crash

    The insurer for a traffic control subcontractor must defend the paving company that it worked for in a suit accusing both companies of contributing to a motorcycle crash, a Nevada federal judge has ruled.

  • October 25, 2022

    No Coverage For Music School Assault Suit, State Farm Says

    A School of Rock owner and its franchisor are not entitled to coverage for a suit stemming from the alleged sexual abuse of a student who attended the music school, a State Farm unit told a Pennsylvania federal court Tuesday, saying its policies don't cover injury caused by intentional conduct.

  • October 25, 2022

    Battery Charger Caused Nearly $200K Fire, Farmers Says

    A power tool manufacturer owes a Farmers unit nearly $200,000 for payments made to a policyholder for fire damage, the insurer said in a suit removed to Washington federal court, claiming a defective rechargeable battery station caused the fire and resulting property damage.

  • October 24, 2022

    Insurer Wants Hotel Group's Policies Voided Over Omissions

    An insurer asked a Texas federal court to let it rescind its policies with a hospitality company whose employees have been accused of facilitating sex trafficking by renting rooms at an Oklahoma property to a registered sex offender using a fake ID.

  • October 24, 2022

    3rd Circ. Upholds Insurer's Win Over Towboat Collision Injury

    Atlantic Specialty Insurance Co. has no duty to cover a towboat company over a deckhand's injury claims following a barge collision, the Third Circuit affirmed, finding that its oral boat-sharing agreement with other towboat companies did not suffice to permit coverage for the particular vessel involved.

  • October 24, 2022

    Queens Lawyer Pleads Out Of $31M Trip-And-Fall Fraud Probe

    A Queens personal injury lawyer admitted Monday to inking $1.5 million worth of insurance settlements for clients he knew had undergone unnecessary medical procedures, avoiding an upcoming trial in the Manhattan U.S. attorney's $31 million fraud takedown.

  • October 24, 2022

    Hinshaw Adds Veteran Construction Atty In Chicago Office

    Hinshaw & Culbertson LLP is expanding its professional responsibility, professional liability and risk management group, hiring a veteran construction litigator to join the firm's Chicago office.

  • October 24, 2022

    Attys Seek $8.5M In Fees For Avis Rental Insurance Settlement

    Lawyers who secured a $34 million settlement on behalf of a class of rental car purchasers over alleged insurance fraud by Avis Budget Car Rental LLC should be awarded $8.5 million in attorney fees for their work, they told a Florida federal court.

  • October 21, 2022

    Ill. McDonald's Franchise Insurer Won't Cover App Glitch Suit

    An insurer has asked an Illinois state court to find that it does not have to pay to defend McDonald's franchises in an underlying suit accusing them of double-charging customers who ordered food through the store's app.

  • October 21, 2022

    Insurer Says Waiver Of Uber Injury Claims Warrants Dismissal

    Progressive Insurance urged a California federal court to toss claims against it in a putative class action brought by Golden State residents who say they were injured when using Uber's ride-share services, saying the lead plaintiff signed a release of claims as part of a previous settlement.

  • October 21, 2022

    Mercedes-Benz Insurer Must Face Fire Coverage Suit

    The insurer for Mercedes-Benz's North American research and development branch will have to face a lawsuit from Pioneer State Mutual Insurance Co., a Michigan federal court ruled Friday, finding Pioneer's "inartfully pled" claim in a fire coverage lawsuit is nevertheless viable.

  • October 21, 2022

    Insurer Sued Over $10.5M Issues At Military Base School

    An AXA XL unit wrongly denied coverage for over $10.5 million in costs a general contractor said it incurred over faulty wall system products it bought for a school construction project at the U.S. Marine Corps base in Quantico, Virginia, the contractor told a Maryland federal court.

  • October 21, 2022

    Hartford Unit Gets $6M In Dispute Over Hepatitis Outbreak

    A Hartford unit was awarded more than $6 million by a Virginia federal judge in a coverage dispute against two frozen food suppliers over a smoothie-borne hepatitis outbreak, finding the companies liable for $2.2 million in prejudgment interest and attorney fees in addition to a previous damages award.

Expert Analysis

  • Opioid Insurance Litigation Is Mounting With Mixed Results

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    With suits pending across the country against manufacturers, distributors, pharmacies and others, we are currently in the early stages of the opioid insurance coverage war. Decisions so far primarily address accident and fortuity issues, application of product exclusions and whether claims involve damages "because of" or "for" bodily injury, says Scott Seaman of Hinshaw & Culbertson LLP.

  • Big Pharma Faces Insurance Hurdles In Opioid Suits

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    Following a California appellate court’s Nov. 6 opinion in Travelers v. Actavis and recent lawsuits disclaiming damages for bodily harm, the pharmaceutical industry faces new challenges in recovering insurance for opioid lawsuits filed by government plaintiffs, say R. Patrick Bedell and Kevin Harris of BatesCarey LLP.

  • The Mayhem Of Vehicular Autonomy In Accident Litigation

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    The process of litigating motor vehicle accidents has become fairly streamlined, but the advent of self-driving vehicles is about to change all of that. Lawsuits that traditionally rarely involve more than three parties may be transformed into considerably more complex product liability claims, says Ulyana Bekker of Brown & James PC.

  • Evolution Of A Crisis: Opioid Claims Pick Up Speed

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    On Sunday, the results of a six-month joint investigation by "60 Minutes" and The Washington Post concluded that "the drug industry, with the help of Congress, turned the opioid epidemic into a full blown crisis." In the coming months, insurers and pharmacy benefit managers are expected to undertake new and innovative efforts to control and disincentivize the use and prescription of opioids, says Adam Fleischer of BatesCarey LLP.

  • Default Dates Of 1st Exposure Can Lead To Conflict

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    Troubling issues can arise when an umbrella or excess insurer refuses to accept claims of primary policy exhaustion because allocation of loss is based on a default date of first exposure. A Connecticut appellate court's decision in Vanderbilt v. Hartford earlier this year shows how practicality and fairness weigh into resolution of DOFE coverage issues, say Jim Dorion of Willies Towers Watson PLC and Stephen Hoke of Hoke LLC.

  • What I Learned In My 1st Year: Listen Carefully, Speak Up

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    When I graduated from law school, I landed at an old-line firm in the Golden Triangle of Texas. Two significant things happened to me around that time. One pertained to learning to listen, and the other pertained to refusing to participate in what I heard, says Marcy Rothman of Kane Russell Coleman Logan PC.

  • Chilling Litigation Tourism In Illinois 'Judicial Hellholes'

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    Corporations may welcome the Illinois Supreme Court's opinion in Aspen American Insurance v. Interstate Warehousing. A few of the Illinois counties affected by the ruling tied for sixth place on the American Tort Reform Foundation’s 2016-17 list of the nation’s “Judicial Hellholes,” say Blake Angelino and Doug Prochnow of Faegre Baker Daniels LLP.

  • ALI Draft Restatement Misstates Key Insurance Law Issues

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    Significant inaccuracies and bias remain in the American Law Institute's latest draft of its Restatement of the Law, Liability Insurance, released last month. Hopefully, additional feedback and dialogue will lead the “reporters” to produce a product that more accurately restates the law of liability insurance, says Scott Seaman of Hinshaw & Culbertson LLP.

  • Courts Focus On Insurance Policy Language, Not Case Law

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    A Pennsylvania appeals court's decision in Century v. OneBeacon this month found that OneBeacon owed reinsurance coverage to two insurers for asbestos claims. This decision is the latest in a line of rulings that examines each contract based on its unique terms and rejects reinsurers' prior case law arguments, say attorneys with Hunton & Williams LLP.

  • The Environmental Impact Of Hurricanes: From Sandy To Irma

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    Five years ago, John Nevius of Anderson Kill PC wrote a Law360 article addressing the risks that followed in the wake of Hurricane Sandy. Today, those tasked with assessing and mitigating the enormous destruction wrought by Harvey and Irma will benefit from the late Nevius' analysis, which his colleague Robert Horkovich discusses in this update.

  • 4 Ways Law Firms Can Help Battle Addiction

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    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • Opioid Litigation: What's On The Horizon

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    As prescriptions for pain-suppressing opioids have soared, some have speculated that litigation will follow. Such litigation could take various forms, including personal injury lawsuits making design defect and/or failure-to-warn claims, consumer fraud actions, and more. Manufacturers and retailers should take steps now to protect themselves, say authors from Innovative Science Solutions and Locke Lord LLP.

  • The Use Of Special Masters In Complex Cases

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    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.