General Liability

  • September 21, 2022

    Chocolatier Asks Court To Set Aside Verdict Over Sandy Claim

    A chocolatier asked a New York federal court to set aside a recent jury verdict and rule that a policy issued by a Chubb unit provides coverage for the company's Superstorm Sandy losses, saying the jury returned the verdict "without a scintilla of valid extrinsic evidence."

  • September 21, 2022

    Wyden Probes More Insurers Over Tax-Free Insurance Plans

    Senate Finance Committee Chair Ron Wyden on Wednesday pressed Prudential Financial and Zurich Insurance over the growing use of special life insurance policies as tax shelters in an escalation of his inquiry into the practice that began last month.

  • September 21, 2022

    D&O Coverage Offers Layered Protection In Bankruptcy

    Bankruptcy is considered a high-stress event for a company, and having the proper amount of coverage under a directors and officers liability policy is crucial to protect the business and individuals in the boardroom, legal experts say.

  • September 20, 2022

    LA Developer Drops $5.9M Superfund Cleanup Coverage Suit

    A Los Angeles County developer agreed to drop its lawsuit against Chubb Custom Insurance Co. that sought $5.9 million for remediation costs at a property it purchased.

  • September 20, 2022

    Ironshore, Health Provider Settle Over Malpractice Settlement

    Liberty Mutual unit Ironshore Specialty Insurance Co. has reached a settlement in principle with health care provider Conemaugh Health System Inc. to resolve their coverage dispute over an underlying medical malpractice settlement, the insurer told a Pennsylvania federal court Tuesday.

  • September 20, 2022

    Merging Amber Heard's Suits Risks Prejudice, Insurer Says

    An insurer opposed another insurer's bid to consolidate two coverage disputes over actor Amber Heard's loss in a defamation lawsuit brought by Johnny Depp, arguing that combining the issues to a single trial "would risk prejudice to the parties and confusion of the jury."

  • September 20, 2022

    Insurer, Screen Developer Settle BIPA Coverage Dispute

    Hanover Insurance Group unit Citizens Insurance Co. of America reached a coverage settlement with a developer of interactive digital displays accused of violating Illinois' Biometric Information Privacy Act, the insurer told an Illinois federal court Monday.

  • September 20, 2022

    11th Circ. Denies Review Of Penn Mutual Client's Class Claims

    The Eleventh Circuit denied an investor's bid for a panel rehearing over claims that Penn Mutual Life Insurance Co. and its investment firm subsidiary breached their fiduciary duties under Georgia law, affirming its prior ruling that the Securities Litigation Uniform Standards Act bars such claims from being brought as a class action.

  • September 20, 2022

    NYC Seeks Defense In 3 Suits Against City Contractors

    The city of New York urged a New York federal court to order Philadelphia Indemnity Insurance Co. to defend it in three suits, arguing that it qualifies as an additional insured under three separate policies issued to nonprofit agencies contracting with the city to provide foster care, housing assistance or educational programs.

  • September 20, 2022

    Insurer Off Hook As Other Policies Cover U-Haul Crash Suit

    An insurer needn't cover a personal injury suit over an automobile accident involving a policyholder's employee, a Florida federal court ruled, finding that separate policies issued to the company and its worker that covered similar risks as the commercial general liability policy triggered an exclusion to coverage.

  • September 19, 2022

    Insurance Co. Says It's Not On Hook For Fatal Truck Crash

    An insurance company says it is not responsible for paying a freight broker's wrongful death settlement, arguing in Michigan federal court that the fatal truck crash was too far removed from the broker's business to trigger its general liability coverage.

  • September 19, 2022

    Zurich Says Amazon Policy Doesn't Cover $11M Arbitral Award

    A Zurich unit said it has no duty to cover an $11 million arbitration award over a fatal vehicle accident under a policy issued to Amazon, telling a Missouri federal court that a transportation company hauling freight for Amazon breached its contractual duties to the e-commerce giant.

  • September 19, 2022

    Allstate Says No Coverage For Tenant In Stabbing Incident

    Allstate doesn't have to cover a woman accused of stabbing someone at her apartment complex, the insurer told a Georgia federal court, raising several defenses to coverage including a criminal acts exclusion.

  • September 19, 2022

    Exxon Wants Benzene Coverage Fight Back In Texas Court

    ExxonMobil urged a Texas federal court to remand back to state court its suit against AIG Specialty Insurance Co. seeking to avoid tens of millions of dollars in policy retentions related to benzene injury claims, arguing AIG has tried to create diversity jurisdiction by attempting to replace Exxon with another affiliated entity.

  • 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.

Expert Analysis

  • Opioid Case May Guide Climate Change Insurance Suits

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    A recent opioid case in California federal court that defined "accident" narrowly is based on allegations analogous to those in many climate change lawsuits, and may help insurers assess whether they have a duty to defend, say Dennis Anderson and Nick Dolejsi at Zelle.

  • 2 Calif. Insurance Decisions Question Boundaries Of Fortuity

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    Last month, California state and federal courts revisited fortuity issues in two decisions that show how the occurrence requirement and the California Insurance Code's prohibition on coverage for an insured's willful acts can be exceedingly difficult to apply to lawsuits alleging novel legal theories, say Jodi Green and Sophia von Bergen at Miller Nash.

  • Insurer Implications As 3 Climate Suits Return To State Courts

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    Three federal circuit courts recently remanded climate change lawsuits brought by state and local governments against major energy corporations back to state courts, where plaintiffs are more likely to succeed, thus significantly increasing their insurers' and reinsurers' exposure to defense costs and judgments, say José Umbert and Jason Reeves at Zelle. 

  • 6 Rulings Reinforce BIPA Coverage For Illinois Policyholders

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    Six well-reasoned recent decisions in the Northern District of Illinois have considerably strengthened policyholders’ arguments for commercial general liability coverage in lawsuits brought under the Illinois Biometric Information Privacy Act, say attorneys at Neal Gerber.

  • 'Take Home' COVID And Emerging Liability Insurance Issues

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    Plaintiffs may face an uphill battle in take-home COVID-19 suits — cases filed against employers when employees contract the virus at work and then infect their family members — but insurers could still be on the hook for defense costs in protracted litigation, say Melissa D'Alelio and Michael Collier at Robins Kaplan.

  • The Misinterpretation Of Pa.'s Bad Faith Claims Handling Rule

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    Courts applying Pennsylvania law in insurance coverage disputes, such as the recently decided Walker v. Foremost Insurance, and finding that where an insurer establishes that the subject claim is not covered by the insurer’s policy there can also be no bad faith claim by the insured, are inaccurately interpreting state law, say George Stewart and Max Louik at Reed Smith.

  • 3 Insurance Lessons From Target Data Breach Ruling

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    In Target v. ACE American Insurance, a Minnesota federal court recently recognized that commercial general liability policies cover losses arising from data breaches, providing useful lessons for policyholders, including a perspective on occurrence and loss of use, say attorneys at Pasich.

  • Del. Related Claims Ruling Is Good News For Insurers

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    The Delaware Supreme Court recently denied coverage for a shareholder class action in First Solar v. National Union First Insurance, rejecting the test for assessing relatedness-based coverage issues, and opening the door for insurers to rely on specific policy wording when evaluating related claims, say attorneys at Troutman Pepper.

  • How Sonic Boom Risk Informs 'Physical Loss' For COVID Era

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    Applied to today's COVID-19 business interruption insurance battles, insurers' historical treatment of damage associated with sonic booms — or explosive sounds stemming from supersonic airplane speeds — may call into question the many court rulings barring coverage for pandemic-related losses on narrow physical loss grounds, say Peter Kochenburger at the University of Connecticut and Jeffrey Stempel at University of Nevada, Las Vegas.

  • Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • Where NY Regulator's Insurance Investigation Is Headed

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    The New York Department of Financial Services' recent inquiry into property and casualty insurers' usage of credit information in underwriting could precede a number of actions addressing the practice, say Matthew Gaul and Maxfield Fey at Willkie.

  • What Cos. Can Glean From Early Cyber Policy Cases

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    Insurance claims for cyberattacks under cyber-specific policies have thus far been less contested than claims brought under commercial, crime and professional liability policies, however that may be changing, as cyber losses and liabilities continue to escalate and the market hardens, says Daniel Healy at Anderson Kill.

  • A Guide To Extrinsic Evidence In Determining Duty To Defend

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    As the eight-corners rule for the duty to defend is increasingly riddled with exceptions to its strict formulation of confining the analysis to only the language of the insurance policy and the underlying complaint, Richard Mason at MasonADR discusses the newest notable decisions and offers strategies for attorneys litigating the duty to defend.