General Liability

  • September 01, 2022

    8th Circ. Upholds Toss Of Smelter's Pollution Coverage Suit

    Lead smelter Doe Run Resources Corp. cannot relitigate its bid for coverage of underlying pollution suits, the Eighth Circuit ruled Thursday, holding that a Missouri federal judge correctly dismissed the claims against a Travelers unit based on issue preclusion.

  • September 01, 2022

    Home Depot Says Data Breach Suit Falls Within Coverage

    Two insurers should have to cover costs Home Depot incurred in defending and settling claims from a data breach that compromised millions of customers' payment cards, the retailer told an Ohio federal court, saying the underlying claims to reimburse banks for reissuing cards fall within the policies' coverage.

  • August 31, 2022

    Drug Distributor Says Insurer Should Cover Chains' OTC Suits

    A distributor of over-the-counter medications for CVS, Rite Aid, Walgreens and other pharmacy chains asked a New York federal court to find that a CNA unit must cover it for claims made against it by the pharmacies, which are seeking indemnification for more than 25 drug-related lawsuits against them.

  • August 31, 2022

    Insurer Says Security Co. Not Covered For Pot Shop Dust-Up

    A Virginia-based surplus lines insurer has asked a Seattle federal court to declare it has no duty to defend a Washington-based security firm over an alleged assault at a cannabis dispensary by one of the firm's contract employees.

  • August 31, 2022

    Calif. Panel Says Real Estate Co.'s Tenant Suit Is Not Covered

    A Travelers unit had no duty to defend a real estate company in a tenant dispute over conditions at a San Francisco apartment complex, a California state appeals court ruled, finding that the policy's habitability exclusion bars coverage for all claims in the underlying suit.

  • August 31, 2022

    Beer Pong Fight Injury Goes On Bar Insurer's Tab, Court Says

    Hospitality Mutual Insurance Co. owes $500,000 to a man who said he was seriously injured in a fight after a beer pong tournament at a sports bar, the Massachusetts Appeals Court ruled Wednesday.

  • August 31, 2022

    Court Will Reconsider Insurer's Win In Injury Suit

    A general contractor facing personal injury claims by a steel subcontractor's employee may be entitled to additional insured coverage under the subcontractor's policy with United Specialty Insurance Co., a New York federal court ruled, granting Southwest Marine and General Insurance and its insured's motion for reconsideration.

  • August 31, 2022

    Insurers To Settle $900K Housing Discrimination Coverage Fight

    Two insurers moved to end their dispute in federal court over whether they must split coverage of a $900,000 settlement resolving a housing discrimination lawsuit against the city of Annapolis, Maryland, and its housing authority.

  • August 30, 2022

    SEC Says NC Insurance Execs Stole $75M From Clients

    The U.S. Securities and Exchange Commission filed suit Tuesday against two North Carolina-based insurance executives and their Malta-based registered investment adviser for allegedly defrauding clients out of more than $75 million through undisclosed transactions that only benefited themselves.

  • August 30, 2022

    5th Circ. Won't Rehear Legal Malpractice Coverage Dispute

    The Fifth Circuit refused Tuesday to revive an insurer's malpractice claims against a New Orleans law firm, sticking to its original ruling that the firm and its attorneys may have committed missteps, but none that caused the insurer to suffer a loss.

  • August 30, 2022

    Contractor Tells 9th Circ. 'Day Laborer' Exclusion Is Void

    A construction contractor urged the Ninth Circuit to reverse a Nevada district court's decision allowing an insurer to avoid coverage of a wrongful death suit, arguing that a "day laborer" exclusion was inapplicable and otherwise violates public policy.

  • August 30, 2022

    Court Rejects Wash. Insurance Chief's Credit Reporting Rule

    A Washington state judge formally squashed a rule temporarily blocking insurers from using credit history to price policies, finding that state Insurance Commissioner Mike Kreidler didn't have the power to ban the practice.

  • August 30, 2022

    Md. High Court OKs Some Lead Paint Claims Against Insurers

    Three tenants who were injured by lead paint exposure can maintain suits seeking to negate the effects of settlements between their landlords and the landlords' insurers that reduced available liability insurance coverage, the Maryland Court of Appeals ruled, saying the tenants were intended third-party beneficiaries under the policies.

  • August 30, 2022

    Companies Demand Insurer Cover Fatal Crash Settlement

    A freight broker and one of its insurance companies asked a Michigan federal court to find a second insurer responsible for paying part of a settlement resulting from a fatal crash because they say the tractor-trailer involved qualified for coverage.

  • August 29, 2022

    Kobe Bryant Crash Photos Verdict Raises Coverage Questions

    A California federal jury's $31 million verdict in favor of the families of victims of a 2020 helicopter crash that killed Kobe Bryant and eight others raises questions about the types of coverage Los Angeles County has, what policies can be implicated and how much the county will pay, experts say.

  • August 29, 2022

    Insurer Gets Partial Award Confirmation In Phillips 66 Dispute

    A New York federal judge confirmed an arbitral award ordering Phillips 66 to pay back German insurer HDI Global SE over $725,000, but refused to confirm a second award establishing the timeline by which the petroleum company must submit claims to the insurer.

  • August 29, 2022

    Hartford Loses Bid To Undo Deal In MRI Explosion

    A Pennsylvania appellate court on Monday upheld a $1.45 million settlement in favor of an MRI repairman and his wife in a lawsuit filed after he was injured by an exploding machine, rejecting the Hartford Insurance Group's argument that a Philadelphia judge's approval of the settlement violated the insurer's due process rights.

  • August 29, 2022

    No Early Exit For Reinsurer In Pollution Coverage Suit

    A reinsurer cannot be dismissed from a dispute over coverage of an alloy manufacturer's pollution cleanup costs, a Kentucky federal court said, holding that it was too early to conclude whether the reinsurer was potentially liable and therefore properly included in the suit.

  • August 29, 2022

    Insurer Needn't Cover Transport Co. In Car Collision Suits

    An insurer has no duty to defend a medical transportation company or its owners and an employee in underlying suits over a motor vehicle collision, a Georgia federal court ruled, finding that the company breached conditions precedent to coverage.

  • August 29, 2022

    Insurer Seeks Early End To Ga. Gas Leak Injury Case

    Navigators Insurance Co. has asked an Indiana federal court to find that it doesn't have to cover Atlanta Gas Light Co. in litigation stemming from a natural gas leak and explosion that injured three people.

  • August 29, 2022

    J&J Fraud Suits Can Continue Despite Imerys Ch. 11 Stay

    A proposed class action in New Jersey state court that alleges fraud against Johnson & Johnson can proceed after a Delaware bankruptcy judge ruled Monday that the automatic stay of litigation imposed by the Chapter 11 filing of Imerys Talc America doesn't apply to J&J.

  • August 29, 2022

    Flooring Installer's Insurer Must Pay Maker's Defense Costs

    A Liberty Mutual unit must pay the expenses that a flooring manufacturer's insurer incurred in defending an underlying slip-and-fall lawsuit, a New York federal court ruled, finding that the maker was an additional insured under an installation contractor's policy.

  • August 26, 2022

    Mich. Panel Says No-Fault Amendments Are Not Retroactive

    A Michigan appeals panel ruled 2-1 that amendments to the state's no-fault act, which limited reimbursements for medical expenses covered by personal protection insurance, do not apply retroactively.

  • August 26, 2022

    Insurer Wants Out Of Covering Fatal Tractor-Trailer Crash

    A freight broker's general liability insurer asked a Michigan federal court Friday to find that it does not need to cover the broker in wrongful death litigation stemming from a tractor-trailer crash and argued that a different insurer's policy should provide primary coverage.

  • August 26, 2022

    Insurer Insists Pollution Coverage Issue Can Be Decided Now

    Allied World Surplus Lines Insurance Co. urged an Alabama federal court to reject an oil disposal company's bid to toss the insurer's suit seeking to avoid coverage of two underlying pollution suits, arguing that a coverage determination can be made even if the two suits are pending.

Expert Analysis

  • Where Health Care Enforcement Is Headed Under Biden

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    Early actions by President Joe Biden's administration signal a robust health care enforcement environment in which federal agencies will aggressively scrutinize pandemic-related and Medicare Advantage fraud, nursing homes, and medical technology, and False Claims Act activity will likely increase, say attorneys at Alston & Bird.

  • Key Considerations For Litigation Settlement Trustees

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    Robert Weiss and David Vanaskey at Wilmington Trust describe some of the core considerations for trustees that administer settlements resulting from mass tort and class action litigation, based on their experience working on the Volkswagen diesel emissions settlement.

  • 3 Key Environmental Takeaways From Biden's First 30 Days

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    President Joe Biden has heavily prioritized environmental policy during his first month in office, with three key themes emerging that will immediately change enforcement practices and affect regulated industries, say attorneys at Gibson Dunn.

  • What Airports Need To Know About PFAS Risks

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    As Congress, federal regulators and litigants express increasing concern over the dangers of per- and polyfluoroalkyl substances, airports are in the spotlight as likely sites of PFAS contamination — so airport management and boards should take steps now to prepare for regulation and litigation, say Renée Martin-Nagle and David Rockman at Eckert Seamans.

  • Time For Cos. To Walk The Walk On Environmental Justice

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    With the Biden administration pledging to consider environmental justice across all agencies and in all federal decisions, companies must candidly assess their operations in order to make sure their statements on environmental justice are backed by measurable results, say attorneys at King & Spalding.

  • Economic Loss Is Key To Pandemic Insurance Suits

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    Decades of case law distinguishing between economic loss and property damage may support commercial property insurance policyholders in litigation with insurers who argue that COVID-19-related losses do not constitute physical damage, says Micah Skidmore at Haynes and Boone.

  • State AGs' 2020 Actions Offer Hints At 2021 Priorities

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    A review of state attorney general actions in 2020 addressing consumer concerns including data privacy, product safety and marketplace competition can help companies prepare for the expected regulatory enforcement wave in 2021, say attorneys at Troutman Pepper.

  • 10 Most Significant Insurance Coverage Decisions Of 2020

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    Though COVID-19 was unquestionably the biggest insurance story of 2020, the most noteworthy decisions of the year had definitive impact on issues like injury-in-fact triggers and concurrent causation, says Randy Maniloff at White and Williams LLP.

  • 5 Major Drug And Medical Device Developments In 2020

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    In addition to the increased activity and scrutiny COVID-19 brought to the drug and device industries in 2020, major developments included the continued momentum of snap removal and renewed U.S. Supreme Court interest in the scope of state courts' jurisdiction, say attorneys at Faegre Drinker.

  • Actions Cos. Can Take Now To Address Microplastics Risk

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    Recent reports on the prevalence of microplastics in the environment underscore potential liabilities companies may face in relation to this emerging contaminant, and the importance of acting now to manage risks while the science and regulations are still evolving, say Shannon Broome and Dan Grucza at Hunton and David Gratson at Environmental Standards.

  • The State Of Consumer Class Actions Amid COVID-19

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    While the pandemic has slowed the filing of consumer class actions, they remain a significant part of the litigation landscape — with false labeling claims remaining particularly popular, likely because they are easy to file and frequently survive motions to dismiss, say attorneys at Skadden.

  • Courts Are Not Confused About Opioid Insurance Suits

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    Although a recent Law360 guest article claimed that confusion has seeped into decisions concerning insurance coverage for opioid lawsuits, courts have addressed the issue clearly and consistently in holding that commercial general liability policies cover the defense of such cases, say attorneys at Miller Friel.

  • Courts Shouldn't Consider Bodily Injury Claims In Opioid Suits

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    Although public nuisance claims are driving opioid lawsuits, some recent court decisions are making a mistake by blurring the distinction between claims for individual injury and claims for governmental abatement funding, potentially manufacturing unintended insurance coverage and depleting insurance where it is actually needed, says Adam Fleischer at BatesCarey.