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

  • What Pa. Procedure Rule Change Means For 'Snap Removals'

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    In light of Pennsylvania's recent civil procedure rule amendment significantly decreasing defendants' time to remove cases from state to federal court, Shari Milewski and Donald Kinsley at Maron Marvel offer some practical tips for maintaining snap removal as a viable defense tool.

  • How NJ Bad Faith Auto Insurance Bill Compares To Pa.'s

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    The recently enacted New Jersey Insurance Fair Conduct Act, is in some ways narrower and in other ways broader than Pennsylvania's notoriously strict bad faith statute and leaves open many fundamental questions, which took Pennsylvania decades of litigation to resolve, say Kristin Jones and Brian Callaway at Troutman Pepper.

  • Del. High Court Gets It Right With Opioid Nuisance Ruling

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    In ACE v. Rite Aid, the Delaware Supreme Court has issued a groundbreaking insurance ruling that helps define the fundamental bargain at the heart of commercial insurance coverage and demonstrates why such coverage does not extend to public nuisance claims, says Adam Fleischer at BatesCarey.

  • Flawed NY Insurance Law Needs Amendments

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    The New York Comprehensive Insurance Disclosure Act, recently signed by the governor, imposes a multitude of problematic disclosure obligations on defendant-insureds, which the Legislature should — and likely will — seriously consider modifying or eliminating, says Richard Mason at MasonADR.

  • Justices May Hesitate To Review Calif. Fraud Coverage Case

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    In Adir International v. Starr Indemnity, the policyholders are asking the U.S. Supreme Court to review their challenge of a California law prohibiting insurers from defending insureds in certain consumer protection claims, but the court may not be ready to decide the issue at this time, says Greg Mann at Rivkin Radler.

  • Court Split On Amazon's Seller Liability Could Be Moot

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    Courts across the country have split on Amazon's liability for products sold on its marketplace, but if more e-commerce platforms follow its lead on insurance coverage requirements for vendors, it may not matter how courts resolve the seller liability issue, says Thomas Kurland at Patterson Belknap.

  • JP Morgan Ruling May Have Broad Insurance Implications

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    The New York Court of Appeals' recent decision in J.P. Morgan Securities v. Vigilant Insurance — that settlement funds paid to the U.S. Securities and Exchange Commission did not constitute a penalty for insurance purposes — could have far-reaching application in other types of insurance litigation where plaintiffs could be characterized as seeking equitable relief, say Robert Shulman and Cristen Rose at Paley Rothman.

  • Insurers Should Honor Astroworld Coverage Obligations

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    While insurers may be eager to shift blame on Astroworld showrunner Travis Scott for conditions that resulted in 10 deaths and dozens of injuries, arguments suggesting the tragedy shouldn't be covered appear baseless in light of the facts and the law, says Benjamin Massarsky at Miller Friel.

  • Resolving Asbestos Suits Faster In The Pandemic And Beyond

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    Trial delays due to COVID-19 are an incentive for asbestos plaintiffs and defendants to adopt litigation reforms that can help bring cases to verdicts or settlements faster — changes that will be valuable even after the pandemic ends, says Lisa Oberg at Husch Blackwell.

  • Priority Of Coverage Lessons From 2nd Circ. Insurance Ruling

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    The recent Second Circuit decision in Century Surety v. Metropolitan Transit Authority — holding that, for priority of coverage determination, a contractual indemnity agreement governs over an insurance policy's terms — highlights the importance of understanding how the dynamics between commercial contracts and insurance policies may help shift liability, say Syed Ahmad and Yaniel Abreu at Hunton.

  • Insurance Commissioner's Agenda: NY On Industry Diversity

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    My Chi To, executive deputy superintendent of the New York State Department of Financial Services Insurance Division, discusses steps her agency is taking to promote diversity, equity and inclusion within the insurance industry and suggests practices for companies to consider adopting.

  • Insurance Considerations Amid Increased Use Of Drones

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    The growing use and rapidly evolving regulation of drone technology across industries raise tricky insurance coverage questions and increase exposure to third-party liability and first-party loss, say attorneys at Covington & Burling.

  • Nursing Homes May See Litigation Spike After 7th Circ. Ruling

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    The Seventh Circuit’s recent Federal Nursing Home Reform Act ruling in Talevski v. Health and Hospital Corp. opens skilled nursing facilities to federal litigation from private plaintiffs and could require exhaustion of administrative remedies before invoking state or federal court jurisdiction, say Randall Fearnow and Edward Holloran at Quarles & Brady.