General Liability

  • September 26, 2022

    Chubb Unit's $8.5M HVAC Fire Suit Partially Moves Forward

    An Ohio federal judge partially allowed a Chubb unit on Monday to move forward with its bid to recoup coverage paid to a Minnesota broadcaster for an $8.5 million HVAC fire, finding the parties disagree on whether the installer of the ventilation system knew or should have known it was defective.

  • September 26, 2022

    Insurer Can't Escape Bad-Faith Claims, Ga. Gas Cos. Say

    Navigators Insurance Co. can't escape its coverage duties to Atlanta Gas Light Co. even if its named insured reached a settlement over a gas leak explosion that injured three people, the gas company told an Indiana federal court Monday, arguing it is entitled to additional insured coverage.

  • September 26, 2022

    Camden Diocese Touts $87M Ch. 11 Plan Over Insurer Deal

    The Diocese of Camden, New Jersey, has filed a brief in support of its proposed Chapter 11 plan, saying its agreement to fund an $87.5 million sexual abuse claim settlement fund is the best way to provide recoveries to the hundreds of tort claimants in the case.

  • September 26, 2022

    Insurer Must Face Mold Claims In Suit Over Burst Pipe

    United National Insurance Co. cannot avoid mold damage claims raised by a former owner of a Wyndham Garden hotel seeking more than $20 million in total coverage, a Louisiana federal judge ruled, rejecting the insurer's argument that all mold caused by a pipe breach is excluded.

  • September 23, 2022

    AIG Scores Early Win In Ex-Company Atty's Retaliation Suit

    A New York federal judge handed American International Group a win Friday in a lawsuit by the former head of its legal consulting arm, ruling the ex-employee's own statements doom his claims that he was retaliated against for reporting alleged fraud within the company.

  • September 23, 2022

    War Exclusion Bars Coverage In Flight MH17 Destruction Suit

    Hartford Fire Insurance Co. has no duty to defend money transfer company Western Union in a suit over the downing of Malaysia Airlines Flight 17 by Russian-backed separatists in 2014, a New York federal judge ruled, finding that a victim's family's claims fall within separate war and financial services exclusions.

  • September 23, 2022

    Vaughan Baio Expands With 14 Attys, 3 New Offices In Fla., NJ

    Vaughan Baio & Partners has added 11 attorneys from Pallo Marks Hernandez Gechijian & DeMay PA to open offices in two cities in Florida, poaching three more from Hurvitz & Waldman to set up shop in Atlantic County, New Jersey, the firm has announced.

  • September 23, 2022

    Auto Insurer Says Travelers Can't Pass Buck On Injury Suit

    The auto insurer for a construction company contracted by New York City said a Travelers unit cannot force it to cover a suit brought by an injured worker, telling a New York federal court Friday that the underlying allegations do not fall within the policy's scope of coverage.

  • September 23, 2022

    Boy Scouts Appeals Roll In, Alex Jones Ch. 11 Attys Nixed

    More than a dozen insurers commenced appeals of the Boy Scouts of America's confirmed Chapter 11 plan, proposed attorneys and advisers in an Alex Jones-linked bankruptcy were disqualified, and talc injury claimants questioned the good faith of Johnson & Johnson's talc unit in filing for bankruptcy. This is the week in bankruptcy.

  • September 23, 2022

    Engineering Firm Secures Coverage For Bridge Collapse Case

    A Liberty Mutual unit had a duty to defend and indemnify an engineering firm in an underlying action over a bridge collapse that injured several construction workers and resulted in a $2.5 million settlement, a Missouri federal court ruled.

  • September 22, 2022

    Insurer Drops Suit Against Ex-Condo Board President

    An insurer voluntarily dismissed its case Thursday in Illinois federal court against a former condo board president who is suing his homeowners association, its board and others in an insured-versus-insured suit brought over mismanagement, bullying and theft claims, among other things.

  • September 22, 2022

    Wash. Wood Stove Co. Seeks To Reverse Fire Liability Ruling

    An insurance company faced tough questions Thursday from a Washington appellate panel skeptical that it did enough to go after the foreign manufacturer of a pellet wood stove that caught fire and damaged a policyholder's home, rather than suing a retailer that sold the product.

  • September 22, 2022

    Costco Sues Liberty Mutual Over Slip-And-Fall Suit Coverage

    Liberty Mutual owes Costco coverage for costs related to a slip-and-fall lawsuit, the wholesale and retail giant claimed, arguing the insurer wrongfully refused to pay for its defense.

  • September 22, 2022

    Insurer Says Construction Co. Not Covered In Wage Theft Row

    A Hartford unit said it has no duty to defend or indemnify a paving and construction company in three underlying actions over improper wage practices, telling a Pennsylvania federal court Thursday that its policy does not cover restitution or losses known prior to the policy's inception date.

  • September 22, 2022

    Baker Donelson Dodges Damage Theory In Surveillance Case

    A woman who says she settled injury claims for far less than they were worth after being illegally surveilled at the behest of an insurance company and lawyers from Baker Donelson Bearman Caldwell & Berkowitz PC cannot ask jurors to determine what she would have received had the case gone to trial, a Georgia state court judge has ruled.

  • September 22, 2022

    Aetna Defends Bid To End Class In Benefits Clawback Suit

    Aetna Life Insurance Co. has criticized arguments from a class of policyholders alleging the company clawed back disability benefits, asserting in its attempt to decertify the class that the lead plaintiff had ignored new Third Circuit precedent that alters the legal landscape for such claims.

  • September 22, 2022

    Clifford Chance Adds Ex-Sidley Partner To US Practice

    Top international firm Clifford Chance LLP announced on Thursday that a New York-based insurance and financial services partner has joined the firm as co-head of its U.S. insurance practice, adding his more than 23 years of experience in the industry to its team.

  • September 22, 2022

    Delayed Notice Relieves Insurer From Covering Defect Suits

    A construction company is not entitled to coverage for a pair of underlying construction defect suits, an Alabama federal court ruled, saying the builder's failure to provide timely notice of the suits relieved its insurer of any coverage obligations.

  • September 21, 2022

    Travelers Seeks Costs For Defending Amazon Contractor

    Travelers told an Illinois federal court Wednesday that the insurer for a construction subcontractor has failed to pay its share of defense costs in an ironworker's suit claiming he was injured while crossing an unsafe makeshift bridge at a Chicago-area Amazon fulfillment center worksite.

  • September 21, 2022

    Ill. Panel Upholds Insurer's Win In Bad Workmanship Suit

    American Family Mutual Insurance has no duty to defend a landscaper accused of botching its work for a pair of homeowners, an Illinois appeals court affirmed, finding that the homeowners failed to allege property damage outside the landscaper's own work.

  • September 21, 2022

    Insurer Ducks Coverage In Unpermitted Demolition Row

    A California federal judge ruled a Berkshire Hathaway unit isn't responsible for covering a state court judgment related to unauthorized demolitions at a historic San Francisco building, finding the damages won in the underlying suit are excluded under its policy.

  • September 21, 2022

    Insurer Urges Ill. Justices To Sink Tenants' Fire Defense Bid

    Auto-Owners Insurance Co. urged the Illinois Supreme Court on Wednesday to keep a rental property's tenants from taking "a wrecking ball" to the duty to defend and reverse a lower court's finding that it should defend them in a handyman's fire negligence suit.

  • September 21, 2022

    Tort Report: 'Take-Home COVID' Liability On Tap In Calif.

    The latest in the "take-home COVID" case in California over whether employers can be sued for the infection of a worker's relative and a $42 million medical malpractice verdict in Illinois lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • September 21, 2022

    AIG Unit Says No Coverage For $1.4M Pollution Charges

    AIG Specialty Insurance Co. urged a New Jersey federal court to toss a suit from a manufacturer of water treatment products seeking coverage for over $1.4 million in pollution penalties from state and local authorities, arguing that the policy clearly offers no coverage for gradual pollution from owned facilities.

  • 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."

Expert Analysis

  • 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.

  • What Insureds Should Look For In Excess Policies

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    A recent California appellate court decision, Truck Insurance Exchange v. Kaiser Cement, demonstrates how courts will protect policyholder expectations against primary insurance carriers' actions that might restrict available excess coverage, and highlights how insureds should be diligent in reviewing excess policies on primary erosion, say Courtney Horrigan and Elizabeth Taylor at Reed Smith.

  • New 'Bad Faith' Claim Law Holds NJ Insurers Accountable

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    New Jersey’s recently enacted Insurance Fair Conduct Act, giving policyholders a bad faith cause of action for claims involving uninsured and underinsured motorist coverage, is an important step toward countering unfair insurer advantage and expanding consumer protections, say attorneys at K&L Gates.

  • Insurance Implications Of Texas '8 Corners' Rulings

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    Two recent Texas Supreme Court opinions resolve a long-pending question by reaffirming the so-called eight-corners rule as the primary means for determining an insurer's duty to defend, which should provide greater consistency between future state and federal decisions, says Susan Kidwell at Locke Lord.

  • Why I'll Miss Arguing Before Justice Breyer

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    Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

  • Defense Counsel Must Alter Tactics To Fight Outsize Verdicts

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    If defense counsel continue to use the same strategies they’ve always relied on without recognizing plaintiffs attorneys’ new playbook, so-called nuclear verdicts, such as the recent $730 million jury verdict in a wrongful death case in Texas, will continue to proliferate, says Robert Tyson at Tyson & Mendes.

  • Policyholder Wins Push Boundaries Of Insurer Duty To Defend

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    A recent string of federal and state appellate court decisions, expanding insurers' broad duty of defense to cover inferences, implications and reasonable interpretations raised by the underlying suit, should encourage policyholders seeking coverage, says Tae Andrews at Miller Friel.

  • Examining Event Cancellation Coverage As COVID Lingers

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    Recent pandemic-related postponements from the NBA, NFL and Grammys, coupled with COVID-19 being excluded from new event cancellation policies, highlight the need for event organizers to explore cancellation risks and how specialty coverage can serve as a tool for mitigation, say Jorge Aviles and Andrea DeField at Hunton.

  • Using Insurance Coverage To Fund Early Settlement

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    A recent settlement between health care company Vision Path and the Federal Trade Commission shows that settling early is a prudent consideration to avoid defense costs and preserve the bulk of the insurer budget for a settlement or judgment, say Jason Callen and Beau Creson at K&L Gates.

  • Fla.'s New Appeal Rule Will Cause More Harm Than It Cures

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    Florida's new procedural rule, permitting interlocutory appeals of orders that allow complaint amendment to add punitive damages, champions an unnecessary and often overly broad solution at the expense of the timely administration of justice, say Hugh Lumpkin and Wesley Butensky at Reed Smith.

  • Federal Courts Are Right Venue For COVID Insurance Cases

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    Two recent Law360 guest articles positing that state, not federal, courts should be deciding COVID-19 insurance coverage disputes incorrectly assume that these cases contain novel insurance law issues, say attorneys at Dentons.