General Liability

  • December 02, 2022

    9th Circ. Breathes New Life Into Forklift Parade Coverage Suit

    An insurer can't get out of covering a forklift driver accused in a $1 million suit of injuring a bystander during a forklift parade, the Ninth Circuit ruled Friday, finding that a policy's mobile equipment exclusion is ambiguous.

  • December 02, 2022

    Georgia-Pacific Wants Paper Mill Suit Cut Down

    Georgia-Pacific LLC on Thursday asked a Washington federal judge to throw out most of a lawsuit by Nippon Paper Industries USA, arguing that the suit wrongfully seeks to hold it alone responsible for contamination cleanup costs associated with a paper mill on the Port Angeles Harbor.

  • December 02, 2022

    Insurer Says No Coverage For $8M Parking Garage Verdict

    A Nationwide unit asked an Indiana federal judge to find that it doesn't have to cover an $8 million jury verdict against a contractor tasked with inspecting and repairing an Indianapolis parking garage.

  • December 02, 2022

    Marina Blames Agent In Party Barge Injury Coverage Suit

    An Austin, Texas-area marina's insurance agent is to blame if a Texas federal court finds the marina failed to report a party barge passenger's accident in a timely manner, the marina told the court, saying the agent was responsible for reporting the accident to its insurer.

  • December 02, 2022

    Colo. Panel Validates Policy's Workers' Comp Exclusion

    A Colorado appeals court affirmed the dismissal of a lawsuit filed by a man accusing his insurer of limiting his medical benefits through his policy's workers' compensation exclusion, ruling the exclusion is enforceable and he isn't entitled to medical payment benefits under his personal automobile insurance policy.

  • December 02, 2022

    9th Circ. Tosses Insurer's Win In Off-Road Auto Coverage Spat

    A Ninth Circuit panel threw out an insurer's win in a dispute over coverage of a motorbike crash in a sand dune field, finding that the lower court sidestepped whether a public area known as the "sand highway" is considered a public road under the policy.

  • December 01, 2022

    Geico Urges Judge To Abstain In COVID Rebate Class Action

    Geico urged a California federal court to abstain from revising rates in a class action accusing the insurer of woefully low COVID-19 rebates, arguing that deciding rates is a complex matter better left to insurance regulators.

  • December 01, 2022

    Unlicensed Doctor Negates Med Center's Coverage, Court Told

    An insurer told a California federal court it has no defense obligations to a medical center accused of allowing an unlicensed physician to treat a patient, citing a licensure exclusion in the center's policy.

  • December 01, 2022

    Wi-Fi Co. Says Insurer Must Cover $13M Trade Secrets Award

    An in-flight wireless services provider told a North Carolina federal court that its insurer must cover a $12.5 million judgment the company was forced to pay in an underlying trade secrets dispute, saying the insurer wrongfully used exclusions to deny coverage.

  • December 01, 2022

    Day Care Wants Insurer's Aid On $21M Wrongful Death Verdict

    Markel Insurance Co. must pay its $1 million coverage limit after a day care was found liable for the death of a child under its supervision and ordered to pay more than $21.6 million in damages, the day care told a Florida federal court.

  • December 01, 2022

    NJ Law Firm Can't Beat DQ Bid In ShopRite Insurance Suit

    The New Jersey Appellate Division Thursday disqualified Gold Albanese & Barletti LLC from representing a Passaic County liquor store in a suit against its insurer because the firm has already worked with the insurer on other cases for years and has inside knowledge of its legal strategy.

  • December 01, 2022

    Insurer Told Suit Premature Without Underlying Case

    An insurer's coverage suit over the death of a construction worker killed by a dump truck was tossed by a North Dakota federal judge, who found the suit is premature because the underlying complaint hasn't yet been filed.

  • November 30, 2022

    CBD Extractor Can Seek Atty Fees From Insurer For Fire

    A cannabidiol company won the right to go after its insurer for attorney fees after a West Virginia jury recently found that it had coverage for a blaze that engulfed its facility and awarded the company $6.45 million.

  • November 30, 2022

    Prison Health Co. Says Insurer Can't Revoke Coverage

    A provider of prison health care services asked a Tennessee federal court to force insurance coverage of the company in a slew of underlying suits alleging constitutional violations and medical negligence.

  • November 30, 2022

    Insurer Must Cover Oil Co. Pollution Suits, Court Told

    An Alabama federal court should toss an insurer's suit seeking a declaration that it doesn't have to defend an oil disposal company in pollution lawsuits, one of the underlying plaintiffs said, arguing that it amended its complaint to bring allegations "into direct line" with the oil company's policy.

  • November 30, 2022

    Insurer Can't Shake EEOC Suit Coverage Dispute, Co. Says

    A senior care facility told a Colorado federal court that its insurer and insurance agent shouldn't get a quick win in coverage litigation over a U.S. Equal Employment Opportunity Commission lawsuit alleging that the facility allowed employees to be harassed, saying the insurer and agent misrepresented the underlying dispute.

  • November 30, 2022

    Insurer Says It Owes No Defense In Vape Injury Suit

    Mesa Underwriters Specialty Insurance Co. should have no duty to defend a vaping products retailer facing injury claims from a man who said a lithium-ion battery he purchased exploded in his pocket and caused severe burns, the insurer told a Maryland federal court, pointing to a nicotine products exclusion.

  • November 30, 2022

    Insurer Wants Out Of Trucking Co. Employees' Assault Suit

    A Progressive unit told a California federal court that an assault and battery exclusion in the policy it provided to a trucking company revokes its defense obligations for the company in an underlying suit in which its employees are accused of assaulting two people at a rest stop.

  • November 29, 2022

    Insurer Fights Woman's Bid To Toss Abuse Coverage Suit

    An insurer urged a Virginia federal court Tuesday to keep its dispute alive over whether two Virginia-based organizations have coverage for a suit brought by a woman who alleges she was sexually abused by the organizations' founder, saying there is no good reason for the court to decline jurisdiction.

  • November 29, 2022

    Tucker Ellis DQ'd From Representing Zurich In Coverage Row

    An Ohio federal judge on Monday disqualified Tucker Ellis LLP from representing Zurich in an insurance coverage suit over an allegedly faulty roofing system installed at Target stores, finding that one of the law firm's attorneys has a client conflict due to her former work for the roofing product company.

  • November 29, 2022

    Ill. Panel Says No Coverage For School District In Abuse Suits

    An Illinois state appeals court upheld summary judgment for a school district's insurer in a dispute over coverage for suits accusing a teacher of sexually abusing students, finding Monday that coverage wasn't triggered because the claim was reported too late.

  • November 29, 2022

    Insurers Can't Ax Bad Faith Claims In Pollution Coverage Suit

    An AIG unit and separate reinsurer accused of "abruptly changing" their nearly 18-year coverage position over pollution-related cleanup costs must face an alloy producer's bad faith claims, a Kentucky federal court ruled, finding the company sufficiently alleged that the insurers recklessly disregarded its interests.

  • November 29, 2022

    Pa. High Court Cold On Couple's UIM Coverage Argument

    Pennsylvania's Supreme Court justices seemed poised Tuesday to reject a couple's appeal seeking an additional $100,000 in underinsured motorist coverage from State Farm, questioning an attorney's argument that the removal of a vehicle from an auto policy triggered the insurer's statutory duty to send a new coverage waiver.

  • November 29, 2022

    Liberty Mutual Unit Seeks Pause In Seattle Pollution Case

    A Liberty Mutual subsidiary has asked a Seattle federal court for a one-year stay in an insurance claims trial brought by another insurer while a state agency investigates how dry cleaning chemicals at an insured property ended up polluting a nearby gas station.

  • November 28, 2022

    Insurers, Medline Reach Deal In Emissions Coverage Fight

    Medline Industries Inc. and two of its insurers moved to dismiss a fight over the defense of a proposed class action alleging injuries caused by emissions of a sterilizing agent, telling an Illinois federal judge they have resolved the issue.

Expert Analysis

  • Trends And Opportunities In Canada's Insurance M&A Market

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    Laurie LaPalme and Derek Levinsky at Dentons discuss the results of a survey regarding Canada's insurance mergers and acquisitions market, and their expectations for the next year in this space — including an increased focus on accident and sickness insurance, and technology-focused assets.

  • Breach Cases Hint At Liability Coverage For Mobile Losses

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    Although federal courts haven't ruled on whether commercial general liability insurance covers companies' revenue losses when customers cannot use their mobile devices, recent cases involving Target and Home Depot payment card data breaches suggest that coverage may be available, says Morgan Churma at Farella Braun.

  • Coverage Ruling Confirms Policy Ambiguities Favor Insureds

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    A recent Georgia federal court decision, Penn-America Insurance v. VE Shadowood, finding for the insured on a policy containing conflicting endorsements, underscores that coverage cannot be defeated by contradictory terms when policies include coverage extensions, say Shaun Crosner and Tae Andrews at Pasich.

  • Capturing Insurance Coverage For Climate Change Suits

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    As municipalities increasingly file suits seeking damages from oil companies in connection with climate change, the companies should consider filing actions to forestall insurer denials of commercial general liability coverage based on theories of novelty or inapplicable pollution exclusions, say attorneys at Haynes and Boone.

  • After Climate Rulings, Insurers May Go On Coverage Offense

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    As climate change lawsuits progress, coverage litigation quickly follows — as evidenced by two recently filed suits, Aloha Petroleum v. National Union Fire Insurance and Everest Premier Insurance v. Gulf Oil — and insurers will likely become more proactive in seeking to limit their exposure, say Jose Umbert and Hernan Cipriotti at Zelle.

  • What NJ Insurance Disclosure Law Could Mean For Litigation

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    Thomas Wester and Christian Cavallo at Goldberg Segalla discuss the potential presuit negotiation and litigation implications of a recently enacted New Jersey law requiring automobile insurers to disclose policy limits before the start of a lawsuit, aimed at promoting claim settlement.

  • The Lawyer Personalities That Make Up Joint Interest Groups

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    As multiparty litigation rises and forces competing law firms to work together, George Reede at Zelle looks at the different personalities — from tactful synthesizers to misguided Don Quixotes — that often make up joint representation groups, and how lawyers can overcome the tensions in these and other team settings.

  • NJ High Court Ruling Doesn't Negate Insurer Duty To Defend

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    The New Jersey Supreme Court's decision in Norman v. Admiral Insurance, finding a narrow exception to the duty to defend, doesn't allow insurers to skip out on their litigation defense obligations, say Eric Jesse and Seth Fiur at Lowenstein Sandler.

  • Fla. Evidence Code Update Lowers Burden For Image Use

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    Florida's recent evidence code change permits judicial notice of images and certain other graphics, a hugely meaningful development for litigants across a wide range of practice areas, though the effect will likely be immediately felt in property insurance cases, say Eve Cann and David Levin at Baker Donelson.

  • 7th Circ. 'Reasonable Costs' Ruling Is A Win For Policyholders

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    The Seventh Circuit's decision in USA Gymnastics v. Liberty Insurance last month establishes useful precedent for policyholders, affirming and expanding on its rule that defense costs are presumed to be reasonable and necessary when insurers breach their duty to defend, say attorneys at Reed Smith.

  • A Road Map To Insurance For PFAS Claims And Suits

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    In light of an uptick in regulation and litigation surrounding per- and polyfluoroalkyl substances, product manufacturers potentially facing down massive liability settlements must properly investigate and understand the full scope of insurance available, says Jodi Green at Miller Nash.

  • Forecasting A Rise In 11th Circ. State Court Class Actions

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    Two recent opinions from the Eleventh Circuit have created an unusual landscape that may result in a substantial increase of class action litigation in state courts, particularly in Florida, that will be unable to utilize removal tools such as the Class Action Fairness Act, says Alec Schultz at Hilgers Graben.

  • Readying Companies For PFAS Regulation And Liability

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    Managing the uptick in regulatory oversight of per- and polyfluoroalkyl substances and the potential civil liability for companies will require action now, from performing audits and reviewing insurance coverage to considering the Texas two-step merger method, say attorneys at Haynes and Boone.