General Liability

  • August 19, 2022

    Insuring Psychedelic Therapy Key To Promising Industry

    Researchers have found that psychedelic drugs such as psilocybin and MDMA may be effective in alleviating a number of mental health conditions, but therapists who treat patients with the substances may face difficulties in securing sufficient insurance coverage due to ongoing federal bans and other factors.

  • August 19, 2022

    11th Circ. Urged To Uphold $9.3M Hurricane Coverage Verdict

    A Florida assisted living facility urged the Eleventh Circuit to uphold a $9.3 million jury award it won from a Liberty Mutual unit over damages sustained from Hurricane Irma in 2017, arguing Friday that the insurer hasn't presented a compelling reason to block the award.

  • August 19, 2022

    Judge Denies Estate's 2nd Bite At Bad-Faith Claim

    A Kentucky federal judge dismissed a second lawsuit against Cincinnati Insurance Co. from the estate of an Alzheimer's patient who died shortly after being evicted from a nursing home.

  • August 19, 2022

    Consulting Co. Says Insurer Failed To Send Renewal Notice

    An Illinois management company asked a federal court to force Third Coast Insurance Co. to renew its insurance policy for another year, claiming that the Accident Fund unit did not give any notice that it wouldn't re-up the company's coverage.

  • August 19, 2022

    Insurer Owes Defense To Guitar Maker In Gibson TM Case

    A Nationwide unit has defense obligations to a Florida guitar maker found liable for infringing Gibson Brands' trademarks, a Texas federal judge ruled, finding that at least some of the underlying claims fell within the Florida company's policy period and outside an exclusion for intentional acts.

  • August 19, 2022

    Insurance Fights Can Complicate The Bankruptcy Labyrinth

    A company's trek through the bankruptcy process can be arduous enough, and legal experts say the complexities of successfully navigating liquidation or reorganization are amplified when insurance coverage disputes arise. This is the first part in a series exploring the intersection of bankruptcy and insurance issues.

  • August 18, 2022

    John Hancock To Pay $21.6M To Long-Term Care Consumers

    John Hancock Life & Health Insurance Co. has agreed to return $21.6 million to policyholders and beneficiaries after New York regulators found that the company prematurely terminated long-term care policies, the Empire State's Department of Financial Services announced on Thursday.

  • August 18, 2022

    Liberty Mutual Units Dropped From Wind Damage Suit

    A Maryland federal judge dismissed two Liberty Mutual entities from a seafood company's wind damage coverage suit, finding a third company owned by the insurer was the only defendant actually involved in the dispute.

  • August 18, 2022

    11th Circ. Won't Revive State Farm Insureds' Class Cert. Bid

    The Eleventh Circuit upheld Thursday a Georgia federal court's denial of class certification to three individuals who said a court-approved formula used by State Farm systematically disfavors policyholders when calculating the difference between a vehicle's pre-loss and post-repair value.

  • August 18, 2022

    Travelers Unit Drops Coverage Suit Against Wis. Landlord

    A Travelers unit on Thursday agreed to drop its federal lawsuit seeking to avoid covering the owner of thousands of Wisconsin apartment units who was accused by the state of violating tenants' rights.

  • August 18, 2022

    Wash. Insurance Chief's Office Accused Of Wrongful Firing

    A former worker in the Washington Office of the Insurance Commissioner claims she was wrongly fired after the state agency denied her request to keep working from home due to a chronic lung disease that put her at elevated risk of contracting COVID-19, according to a discrimination suit filed in state court.

  • August 18, 2022

    Insurer Says No Coverage For Contractor In $2.7M Settlement

    American Builders Insurance Co. told a South Carolina federal court that it should have no duty to cover a general contractor's share of a $2.7 million settlement over claims of construction defects at an apartment project, arguing that the policies it issued to a subcontractor do not afford additional insured coverage.

  • August 18, 2022

    Insurer Wants To Duck Massage Malpractice Suit

    An insurer is not obligated to cover a massage therapist accused of injuring a client, the company told a Minnesota federal court, saying the chiropractic clinic worker in the underlying suit was not operating within the scope of the practice covered by the policy.

  • August 17, 2022

    Endo Beats Investors' Opioid Crisis Class Action, For Good

    A New Jersey federal judge on Wednesday tossed a proposed class action accusing Endo International PLC — which yesterday filed for Chapter 11 protection — of misleading investors about its role in the opioid crisis, saying the shareholders haven't shown the company's statements were misleading or caused their losses.

  • August 17, 2022

    Coinsurer Must Share Costs In Construction Suit, Court Told

    An Assurant Inc. unit asked a Texas federal court to find that Houston Specialty Insurance Co. must repay the unit for amounts it paid to cover a property developer they both insured, saying it made payments for claims that fell under Houston's professional liability coverage.

  • August 17, 2022

    Worker Not Covered For $36M Death Settlement, Insurer Says

    An insurer for a Catholic charity association told an Ohio federal court it shouldn't have to cover a former association employee for a $36 million settlement she reached with the estate of a deceased child, saying the worker never obtained the insurer's written consent to settle.

  • August 17, 2022

    Travelers Wants Zurich To Take Over Defense In Bridge Row

    Travelers Indemnity Co. asked a New York federal court to pass on its coverage obligations toward a construction company to Zurich American Insurance Co., arguing in a complaint Tuesday that it only owes coverage to the contractor once Zurich's is used up.

  • August 17, 2022

    Fla. Condo Group's Breach Claims Should Fail, Magistrate Says

    A Florida federal court should toss a Palm Beach condominium association's claims that Mt. Hawley Insurance Co. and Greenwich Insurance Co. improperly settled a personal injury claim and caused the association to suffer higher insurance premiums, a federal magistrate judge said.

  • August 17, 2022

    5th Circ. Urged To Rethink Day Care Death Coverage Denial

    The Fifth Circuit should reconsider its decision that a Nationwide unit has no duty to cover a now-defunct day care over the death of a 3-year-old who was left on a bus after a field trip, the day care said, arguing an appellate panel incorrectly applied a policy's exclusions.

  • August 16, 2022

    Insurer Must Pay CBD Seller's Attorney Fees

    Kinsale Insurance Co. must pay $16,000 in attorney fees that a cannabis product seller incurred in its dispute with the insurer over coverage of an underlying suit alleging the seller's products caused respiratory disease, a Florida federal judge said.

  • August 16, 2022

    Progressive Must Face Ga. Class Claims Over Car Payouts

    An affiliate of Progressive Casualty Insurance couldn't escape a proposed class action over payouts of totaled vehicles after a Georgia federal court rejected parts of its attempt to have the case tossed with the assertion that the class fell short with its complaint.

  • August 16, 2022

    USAG Keeps Fee Award In Nassar Coverage Suit

    Liberty Underwriters Insurance Inc. must pony up the remainder of a roughly $2.1 million judgment for USA Gymnastics, a Seventh Circuit panel ruled Tuesday, saying the insurer failed to show that any portion of the fees incurred during investigations into sexual abuse by former team doctor Larry Nassar were not reasonable and necessary.

  • August 16, 2022

    Facts Key To Countering 'Reptilian' Tactics, Experts Say

    Legal experts urged attorneys defending insurers in first-party insurance coverage suits and bad faith claims to focus on case-specific issues before setting foot in the courtroom in order to counteract plaintiffs' rising use of so-called reptilian tactics, which are designed to sow hostility toward defendants.

  • August 16, 2022

    Insurer Denied Pay On Missouri Wall Mishap, Developer Says

    A St. Louis-area developer sued Travelers Insurance in Missouri federal court for denying coverage after heavy rains caused a retaining wall to move, damaging a partially-completed apartment project and forcing construction delays.

  • August 16, 2022

    Condo Group's Lack Of Notice Sinks Coverage, Ill. Panel Says

    A Nationwide unit has no duty to cover a defunct contractor's portion of a $2.6 million default judgment over construction defects at a condominium development, an Illinois appeals court affirmed, finding the insurer did not receive proper notice of the suit that led to the award.

Expert Analysis

  • How Law Firms Can Maximize COVID-19 Insurance Coverage

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    Law firms struggling due to the pandemic should identify relevant insurance policies and provisions, be mindful of notice requirements that could interfere with coverage, and push back against policy exclusions, say Robin Cohen and James Smith at McKool Smith.

  • Maximize Chances Of Insurance Coverage For COVID-19

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    Policyholders suffering losses related to COVID-19 can take steps right now, such as documenting proof of loss and mitigation efforts, to preserve their chances of recovery under property or business interruption insurance policies, says Creighton Page at Foley Hoag.

  • Does Property Insurance Cover COVID-19 Damage In Texas?

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    Business interruption claims have led the news about COVID-19 insurance disputes, but ahead could be property claims made pursuant to homeowners' policies — another proposition with significant complexity, says Drew Jones at Thompson Coe.

  • Excess Policy Win Gives Calif. Insureds Hope For The Future

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    The California Supreme Court's decision in Montrose v. Los Angeles Superior Court gives insureds facing long-tail liabilities a valuable gift by adopting the theory of vertical exhaustion, but it also explicitly leaves a number of questions to be resolved in future decisions, says Michael Fehner at Irell & Manella.

  • Pa. Ruling Doesn't Support COVID-19 Biz Interruption Claims

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    A recent Law360 guest article argued that the Pennsylvania Supreme Court's decision in Friends of Devito v. Wolf provides a clear advantage to policyholders seeking business interruption coverage for COVID-19 losses, but the case is not even related to property damage, say Anthony Miscioscia and Timothy Carroll at White and Williams.

  • Liability Insurance Outlook For Opioid Public Nuisance Claims

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    As lawsuits against prescription opioid manufacturers are being narrowed to focus on public nuisance claims based on intentional business schemes, pharmaceutical companies may struggle to secure insurance coverage unless they can explain how these claims allege a fortuitous loss, say Patrick Bedell and Allyson Spacht at BatesCarey.

  • Are Litigation Funding Documents Protected From Discovery?

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    With law firms and their clients increasingly interested in exploring litigation funding during the current economic crisis, attorneys must be aware of the trends emerging in courts across the country regarding the discoverability of litigation funding materials, say attorneys at Jenner & Block and Longford Capital.

  • 3 Insurance Principles Behind Calif. Excess Policy Ruling

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    The California Supreme Court's recent decision in Montrose v. Los Angeles Superior Court, streamlining policyholders' ability to collect from multiple policies, is based on three state insurance principles specific to continuous injury, say attorneys at Reed Smith.

  • Virus Coverage Prospects Are Bright For Ind. Policyholders

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    Indiana’s strong history of rigorous protection for insureds and strict scrutiny of contract terms bodes well for policyholders seeking coverage for COVID-19-related losses, so they should not take denials at face value, say attorneys at Plews Shadley.

  • Pa. Ruling Strengthens Arguments For COVID Loss Coverage

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    This week, the Pennsylvania Supreme Court provided critical insight on the legal characterization and consequences of the COVID-19 crisis, finding policyholders’ business losses during the pandemic are indistinguishable from those caused by casualty events for which property-based insurance coverage has always been intended, says Jordan Rand at Klehr Harrison.

  • Problematic 'Unavailability' Insurance Exception Lives On

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    The Maryland Court of Appeals’ unfortunate decision in Rossello v. Zurich represents the second time in the last six months that a state supreme court has approved unavailability of insurance as an exception to the general rule of time-of-the-risk proration for long-tail claims, based on case law that is no longer good authority, says Michael Aylward at Morrison Mahoney.

  • COVID-19 Test Providers, Beware Kickback Enforcement Tool

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    Labs and providers offering COVID-19 tests should take several measures to reduce their risk of aggressive government prosecution of unlawful quid pro quos under the newly weaponized Eliminating Kickbacks in Recovery Act, says Joshua Robbins at Greenberg Gross.

  • A Call To Action For The Coming Insurance Litigation Siege

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    Anticipating an onslaught of insurance litigation over coronavirus business interruption claims, G. Andrew Lundberg at Burford Capital paints a picture of what cooperation could look like among lawyers, courts, legislatures, regulators, insurers and policyholders dealing with this once-in-a-generation stress on the nation's judicial resources.