General Liability

  • September 08, 2022

    LAX Subcontractor Seeks Insurer Defense In Arbitration, Court

    A construction subcontractor urged a California federal court to direct an AXA Insurance unit to defend it in underlying arbitration and state court actions over its work at Los Angeles International Airport, arguing the underlying claims constitute covered property damage.

  • September 08, 2022

    Travelers, AIG Units Beat Appeal In Asbestos Coverage Row

    A Louisiana appeals court upheld a win for an AIG unit and several Travelers entities in a coverage dispute over asbestos injury claims, finding that a chemical company was neither an insured nor the successor to an entity insured under the policies.

  • September 08, 2022

    Insurer's Suit Against Farming Co. Stays In Ariz. Federal Court

    An Arizona federal judge rejected a farming company's bid to toss its insurer's suit seeking defense-cost reimbursement on the argument that the case is better off in state court, saying that abstention isn't appropriate.

  • September 09, 2022

    NFIP Reforms Take On Urgency As Program Deadline Nears

    Reforming the National Flood Insurance Program to better serve marginalized communities and ensure long-term support for homeowners should be a top priority for lawmakers ahead of a coming deadline to reauthorize the program, experts say.

  • September 08, 2022

    Mont. Justices Relieve Insurers Of Covering Kidnap Suit

    An automobile insurer and excess insurer have no duty to defend or indemnify a policyholder in a suit over the kidnapping and assault of his estranged wife, the Montana Supreme Court ruled, finding the incident did not constitute an accident under either policy to trigger coverage.

  • September 07, 2022

    Boy Scouts Inch Closer To Ch. 11 Plan Confirmation Order

    The bankrupt Boy Scouts of America got resolution on all the outstanding issues with its Chapter 11 plan Wednesday in Delaware, with a bankruptcy judge giving a series of rulings on contentious language in the plan's confirmation order.

  • September 07, 2022

    Insurers Fight Coverage In Taliban Terror Support Suit

    Liberty Mutual, AIG units and other insurers have told a New Jersey state court that their policies do not cover claims alleging that The Louis Berger Group Inc. made protection payments used by the Taliban for terrorist attacks in Afghanistan against U.S. service members and civilians because such purported misconduct was not accidental in nature.

  • September 07, 2022

    Grocer's Amended Suit Stalls Opioid Coverage Ruling

    Two excess insurers must wait until after discovery to know whether they must defend grocery chain Giant Eagle in ongoing opioid litigation, a Pennsylvania federal judge ruled Wednesday, holding it would be most efficient to defer judgment on their defense obligations in light of the grocer's latest complaint.

  • September 07, 2022

    Ohio Justices Nix Insurer's Duty To Defend In Opioid Suits

    The Ohio Supreme Court on Wednesday overturned an appeals court's ruling that Acuity Inc. has a duty to defend a now-out-of-business drug wholesaler in public nuisance suits brought by governments over the opioid epidemic, finding the underlying actions were not brought "because of" bodily injury.

  • September 06, 2022

    Calif. Justices Focus On Privacy In Yahoo TCPA Coverage Suit

    The California Supreme Court on Tuesday grappled with the scope of the right to privacy, as Yahoo seeks coverage from an AIG unit for five underlying class actions accusing the web services provider of sending unsolicited text messages in violation of the Telephone Consumer Protection Act.

  • September 06, 2022

    Cigna, MultiPlan Must Face RICO Claims In ERISA Row

    A California federal judge ruled Cigna Health & Life Insurance Co. and MultiPlan Inc. must face claims from a proposed class of patients who allege the companies colluded to underpay for certain types of mental health and substance use disorder treatments in violation of federal benefits and anti-corruption laws. 

  • September 06, 2022

    8th Circ. Uproots Doctor's Crash Suit Win Against Insurer

    The Eighth Circuit said Tuesday that an Arkansas federal court does have the authority to vacate a doctor's state court summary judgment win against his insurer on his claim that he lost $500,000 in earnings after a car crash, ruling that a state court judge erred when reaching the decision.

  • September 06, 2022

    Bernstein Litowitz To Lead Consolidated SelectQuote Suit

    A New York federal judge has consolidated two actions against the insurance distribution platform SelectQuote and named Bernstein Litowitz Berger & Grossmann LLP lead counsel in a class action that alleges the company reported inflated revenue to mislead investors.

  • September 06, 2022

    Insurer Must Defend Construction Co. For Now, Judge Rules

    A Crum & Forster unit cannot yet avoid coverage of a home builder facing a personal injury suit from a worker who said he fell through a roof at an apartment construction site, a Florida federal judge ruled, finding the worker's employment status in the underlying litigation is still contested.

  • September 06, 2022

    Cravath, Willkie Lead $3.4B Texas Capital Insurance Biz Sale

    Texas Capital Bancshares Inc. has agreed to sell its insurance premium finance unit for roughly $3.4 billion to bank holding company Truist Financial Corp., the companies said Tuesday, in a transaction led by respective legal advisers Cravath Swaine & Moore LLP and Willkie Farr & Gallagher LLP. 

  • September 06, 2022

    Untimely Notice Dooms Eatery Owner's Defense For Crash

    State Auto gained a win Friday when an Illinois federal court found that a restaurant owner's untimely notice of a suit stemming from a car crash allegedly caused by two intoxicated patrons relieves the insurer of any defense obligation.

  • September 02, 2022

    Law360 MVP Awards Go To 188 Attys From 78 Firms

    The attorneys chosen as Law360's 2022 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • September 02, 2022

    NY Grants $6.5M For Climate Change Insurance Innovation

    New York Gov. Kathy Hochul announced $6.5 million in funding Friday to develop new insurance policies and products to protect the state against climate change losses on the anniversary of Hurricane Ida, which killed dozens of people and caused hundreds of millions of dollars in damage in the region.

  • September 02, 2022

    Insurer Wants Out Of Covering Restaurant's BIPA Suit

    An insurer for a Chicago restaurant chain asked an Illinois federal court to find it does not need to cover the restaurants in a class action suit in state court claiming it violated BIPA with its biometric timekeeping system.

  • September 02, 2022

    Sears, Boy Scouts Each Move Closer To Ch. 11 Resolutions

    The yearslong dispute between Sears and its former CEO ended with a deal, the Boy Scouts of America took a giant leap toward confirmation, and crypto investment platform Celsius wants to release $56 million of digital assets. This is the week in bankruptcy.

  • September 02, 2022

    Insurers Drop Case Over Contractor's Work On Ga. Hotel

    Insurers dropped a coverage dispute with a Georgia subcontractor accused of performing shoddy work on an upscale Jekyll Island hotel after the company was dismissed from the underlying litigation.

  • September 02, 2022

    Coverage Issues Flurry When Windows Open For Abuse Suits

    The rising value of verdicts and plaintiff's costs and an influx of claims of sexual abuse have caused a growing number of Roman Catholic dioceses and other organizations to file for bankruptcy, resulting in more tenuous settlement negotiations with insurers, legal experts say.

  • September 01, 2022

    Ohio Panel Backs Sherwin-Williams In Lead Paint Insurer Suit

    An Ohio appeals court ruled Thursday that paint maker Sherwin-Williams is entitled to insurance coverage for its liability in cleaning up lead paint damage in California homes, reversing a lower court decision.

  • September 01, 2022

    Boy Scouts Clear Path To Ch. 11 Plan Confirmation

    A Delaware bankruptcy judge agreed to approve the amended Chapter 11 plan of the Boy Scouts of America on Thursday, after asking for some changes to the proposed order that will confirm the debtor's $2.5 billion settlement plan with sexual abuse survivors.

  • September 01, 2022

    Insurers, Restaurant Supplier Settle BIPA Coverage Dispute

    Two Hanover Insurance units have settled their coverage suit against a Chicago-area restaurant supply company that was accused of violating a biometric information privacy law by improperly collecting employee fingerprints, the sides told an Illinois federal court.

Expert Analysis

  • 5th Circ. Data Hack Ruling May Increase Privacy Litigation

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    The recent Fifth Circuit decision in Landry’s v. Insurance Co. of the State of Pennsylvania, holding that an insurance carrier had a duty to defend a claim arising out of a data breach, could have the unfortunate effect of triggering more personal and advertising injury litigation, say Joshua Mooney and Judy Selby at Kennedys.

  • NY Asbestos Ruling Could Change Insurers' Approach

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    A New York court's recent ruling that Liberty Mutual had to pay 100% of all settlements against its bankrupt and dissolved insured, Jenkins Bros., even though its policies were in force for only part of the asbestos exposure should make insurers think twice before looking to shed some of their asbestos coverage obligations, says John Koch at Flaster Greenberg.

  • An Insurer's Guide To Policyholder Bankruptcy

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    Given the increased likelihood of policyholders filing bankruptcy petitions in the wake of the pandemic, insurance professionals must be aware of five basic principles when dealing with an insured in bankruptcy, says Eric Fitzgerald at Goldberg Segalla.

  • Insurance Language Lesson From An Opioid Ruling

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    A Kentucky federal court's recent decision that the words “because of bodily injury” did not require insurer Motorists Mutual to defend drug company Quest against damages caused by the opioid epidemic provides lessons beyond the opioid context about seeking injury definitions that may be construed to provide broader coverage, say Vivian Bickford and Caroline Meneau at Jenner & Block.

  • 3 Risk Management Lessons From Pandemic Insurance Wars

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    As appellate decisions in COVID-19 business interruption insurance claims continue to clarify the state of the law, there are some things that policyholders' lawyers and risk managers can do in the meantime to help prepare for future unforeseen events affecting coverage, says Peter Halprin at Pasich.

  • Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage

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    The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.

  • NY Badly Needs Bad Faith Bill To Hold Insurers Accountable

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    Contrary to a recent Law360 guest article that contends New York state's insurance reform bill would unfairly tip the scales against insurers, Edward Steinberg at the New York State Trial Lawyers Association argues the law is necessary to hold insurers accountable for acting in bad faith, and would protect policyholders and injured parties alike.

  • When Your 9th Circ. Case Needs California High Court Input

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    With the Ninth Circuit increasingly certifying state law questions to the California Supreme Court, litigants should pay careful attention to the rules for ancillary proceedings, study recent issues the state high court decided on certification, and consider strategic options, say attorneys at Buchalter.

  • Cos. Should Review Insurance Policies For PFAS Coverage

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    The U.S. Environmental Protection Agency’s creation of a council on perfluoroalkyl and polyfluoroalkyl substances signals the federal government's intent to accelerate PFAS-related regulatory action and enforcement — so companies with relevant liabilities must understand what their insurance policies will and won’t cover, say attorneys at Lathrop GPM.

  • Insurance Ruling Clarifies Excess Coverage For Opioid Suits

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    A Pennsylvania federal court's ruling this week in Giant Eagle v. American Guarantee Insurance, reversing an earlier finding that two excess insurers had duties to defend opioid injury suits, provides invaluable assurance to excess carriers that opioid defendants can’t use immense defense costs as a basis to leapfrog their primary coverage, says Adam Fleischer at BatesCarey.

  • Indoor Air Pollution Fix Will Require New Laws, New Tech

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    The COVID-19 pandemic, an aging population and changing workplace dynamics all foretell more exposure to indoor air pollutants, so a multidisciplinary policy approach combining technology, insurance, funding and regulation will be needed to improve indoor air quality and health, says Ann Al-Bahish at Haynes and Boone.

  • Cannabis Legalization's Effects On Insurance Industry

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    Resolution of the legal uncertainty presented by the dueling federal and state approaches to cannabis will pave the way for legal cannabis businesses to access the insurance protections the industry needs for everything from workers' compensation to auto insurance to general liability, says Christy Thiems at the American Property Casualty Insurance Association.

  • Biden Admin.'s Climate Strategy Should Include Insurance Innovations

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    To successfully meet the Biden administration's climate-related goals, the federal government must fill gaps in state regulation of environmental insurance, and help create an insurance framework that incentivizes and facilitates carbon impact reduction in four key areas, say Michael Hill and Paul Tetenbaum at Blue Dot Climate Insurance.