General Liability

  • October 18, 2021

    Wash. Insurance Chief Moving Forward With Credit Score Ban

    Washington Insurance Commissioner Mike Kreidler is moving ahead with his plan to issue a three-year ban to stop insurance companies from using credit scoring to price personal-lines policies, after a state court judge halted the regulator's emergency order earlier this month.

  • October 18, 2021

    New Excess Insurance Co. To Land In Richmond, Va.

    Excess and surplus insurer Richmond National Group Inc. is forming a new insurance company focusing on the property and casualty insurance market, the insurer announced.

  • October 18, 2021

    Truck Driver's Estate Loses Subrogation Action Appeal

    The Georgia Court of Appeals has knocked down an attempt by the estate of a worker injured in a truck collision to claim a piece of an insurance settlement secured through a subrogation action.

  • October 18, 2021

    Insurers Get Discovery In Colonial Pipeline Explosion Suit

    An Alabama federal judge told two Liberty Mutual subsidiaries to take discovery in their coverage suit over a fatal 2016 Colonial Pipeline explosion, saying "true facts" introduced by the country's largest pipeline system could affect whether professional liability and pollution exclusions bar coverage.

  • October 18, 2021

    Judge Says Eaton Far From Extra Insurance In Asbestos Suits

    Energy giant Eaton Corp. failed to show that several of its excess insurers could soon be responsible for asbestos claims connected to a predecessor company, a Wisconsin federal court found, saying it was too early to rule on a policy language issue.

  • October 18, 2021

    Safeco Doesn't Owe $3M To Motorcyclist's Kin, 8th Circ. Says

    The family of a motorcyclist killed by an uninsured driver cannot recover the $3 million it sought from Safeco Insurance because the policy specifically excluded uninsured motorist coverage for bodily injuries, the Eighth Circuit held.

  • October 15, 2021

    Calif. Panel Upholds Insurers' Asbestos Liability Defense Duty

    A Farmers Insurance unit and a CNA unit have a duty to defend and indemnify a cement manufacturer named in more than 1,700 asbestos-related lawsuits, a California appeals court ruled.

  • October 15, 2021

    Insurer Avoids Some Role In Chicago Transit Injury Settlement

    Nautilus Insurance Co. doesn't have to cover the Chicago Transit Authority for a settled suit over a worker's injuries, an Illinois federal judge ruled, but as the subcontractor's insurer it may have to cover a general contractor.

  • October 15, 2021

    Insurers Say GE Knew About Turbine Issues In Plant Failure

    A group of insurance and reinsurance companies is suing General Electric to recoup losses incurred in connection with a turbine blade failure at an Algerian power plant, saying GE knew about problems with its turbine blades.

  • October 15, 2021

    Insurance Industry Could Be Climate Leader, State Chiefs Say

    The insurance industry has an opportunity and responsibility to be a private-sector leader in mitigating climate change given its catastrophe experience, its breadth of historical data and its work on insurance product development, innovation and investment, experts said Thursday.

  • October 15, 2021

    49ers Stadium Contractor To Pay Team $6M For ADA Liability

    The general contractor for Levi's Stadium has agreed to pay $6 million to the San Francisco 49ers for its alleged role in building a purported "disability access nightmare," two years after the NFL team inked a $24 million Americans with Disabilities Act class settlement over the venue.

  • October 14, 2021

    Calif. Insurance Commissioner Appoints 9 To State Boards

    The California insurance commissioner announced nine appointments to state boards, including five members to the insurance diversity task force.

  • October 14, 2021

    Carrier Groups Urge Kreidler To Kill Proposed Credit Score Ban

    Several prominent trade groups representing insurance carriers called Thursday for Washington Insurance Commissioner Mike Kreidler to withdraw a proposed permanent rule that would ban the use of credit history in pricing certain policies.

  • October 14, 2021

    Fla. High Court Passes On Discovery Disparity Question

    The Florida Supreme Court on Thursday affirmed denials of two personal injury defendants' bids to block disclosure about their attorneys' or insurers' financial relationships with medical expert witnesses, but the justices declined to address the lower courts' questions of whether a 2017 ruling has unfairly resulted in defendants being treated differently than plaintiffs.

  • October 14, 2021

    Ga. Hotel Seeks Jury In Sex-Trafficking Coverage Row

    A Red Roof Inn franchisee is urging a Georgia federal judge to allow a jury to weigh in on its dispute with Mesa Underwriters over insurance coverage for a sex-trafficking suit, arguing that policy language in its assault and battery exclusion is "broad, vague and ambiguous."

  • October 14, 2021

    4th Circ. Cements Insurer's Win in $9M Building Defects Suit

    An excess insurer did not act in bad faith when refusing coverage for a $9 million judgment against a defunct contractor accused of building defects, the Fourth Circuit said, upholding a ruling that found the policyholder would never have to pay that amount out of pocket.

  • October 14, 2021

    Celebrity Cruises, Insurer Head To Mediation Over Diving Death

    Celebrity Cruises and its insurer agreed to try to mediate a dispute over whether the Royal Caribbean subsidiary is owed coverage for an underlying suit over the death of a passenger during a diving expedition.

  • October 13, 2021

    Chubb Urges NY Judge To Keep $165M Ghana U. Award Suit

    Chubb Ltd. has urged a New York federal judge to keep its $165 million award confirmation suit against the University of Ghana for allegedly failing to construct and maintain rent-generating buildings on its campus, saying the university already consented to the court having subject-matter jurisdiction in an arbitration agreement.

  • October 13, 2021

    Insurer Exposure To Climate Change Focus Of Conn. Summit

    The Connecticut Department of Insurance kicked off the first day of its climate-focused conference Wednesday with a look at the effect climate change is having on insurance industry assets and actions, and what role regulators should play in holding insurers accountable.

  • October 13, 2021

    Judge Tosses 16K Talc Claimant Votes In Imerys Ch. 11

    A Delaware bankruptcy judge on Wednesday issued an order tossing out nearly 16,000 votes cast by talc injury claimants on Imerys Talc America's Chapter 11 plan, saying the law firm that submitted them had done nothing to check if the claimants had a right to vote.

  • October 13, 2021

    NJ Firm Can't Beat Malpractice Ruling Over Insurance Claim

    Lord Kobrin Alvarez & Fattell LLC fell short Wednesday in trying to convince a New Jersey state appellate panel to overturn a trial court ruling that the law firm committed malpractice by letting the clock run out on a couple's bid for motor vehicle accident coverage from New Jersey Manufacturers Insurance Co.

  • October 13, 2021

    Miss. Justices Told Pollution Exclusion Doesn't Apply To Blast

    Omega Protein Inc. urged the Magnolia State's high court Wednesday not to allow a subcontractor's excess insurer to avoid its obligations in personal injury suits stemming from a plant explosion, saying this isn't a "pollution case" in which the excess insurer can escape coverage under a pollution exclusion.

  • October 13, 2021

    Insurer Owes No Duty To Bar Over Shooting Of Patron

    An insurance company has no obligation to pay out an arbitration award on behalf of a St. Louis bar in an underlying lawsuit filed by a woman who was seriously injured in a shooting on the premises, a Missouri federal judge held.

  • October 13, 2021

    Progressive, Software Co. Face Class Suit Over Car Payouts

    An affiliate of Progressive Casualty Insurance and the company it uses to manage claims are facing proposed class allegations in Georgia federal court that Progressive arbitrarily lowers vehicle settlement values for total loss claims throughout the Peach State.

  • October 13, 2021

    Judge Halts Wash. Insurance Chief's Emergency Credit Rule

    A Washington state judge blocked an emergency rule banning the use of credit scores in pricing personal line policies, a big setback for state Insurance Commissioner Mike Kreidler's efforts to make the ban permanent.

Expert Analysis

  • 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.

  • 2 Cases Will Help Shape Opioid Litigation Insurance Coverage

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    Upcoming decisions from the Ohio and Delaware high courts in Acuity v. Masters Pharmaceutical and Rite Aid Corp. v. ACE American Insurance, respectively, on whether insurers must defend policyholders in prescription opioid litigation filed by government entities are sure to provide precedent for resolution of these coverage issues nationwide, say Courtney Horrigan and Kateri Persinger at Reed Smith.

  • Pa. Lawmakers Must Save Medical Liability Venue Rule

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    The Pennsylvania Legislature should stop the state's Civil Procedural Rules Committee from rolling back a rule banning medical malpractice forum shopping, to avoid a return to rampant liability claims in high-verdict courts, sky-high insurance premiums for doctors and less public access to care, says Curt Schroder at the Pennsylvania Coalition for Civil Justice Reform.

  • What 9th Circ. Arbitration Case May Mean For Insurance

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    If the plaintiffs in CLMS Management Services v. Amwins Brokerage of Georgia appeal the Ninth Circuit's recent decision that state law does not bar the enforcement of arbitration clauses in insurance contracts, the case may have a significant effect on the different dispute resolution options for insurers and policyholders, say attorneys at Sheppard Mullin.

  • Enviro Review Standard Tweaks May Clarify Cleanup Liability

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    Forthcoming revisions to the standard for Phase I environmental site assessments will likely afford property owners and operators clearer protection from liability for hefty environmental cleanups, so interested parties in real estate and M&A deals should pay close attention, say Lorene Boudreau at Ballard Spahr and Mitchell Wiest and Sara Redding at Roux Associates.

  • Ill. BIPA Ruling May Significantly Affect Insurers' Exposure

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    In Tims v. Black Horse Carriers, an Illinois state appeals court held that certain claims under the Illinois Biometric Information Privacy Act are subject to a one-year statute of limitations only, which may reduce commercial general liability insurers’ exposure to litigation under this act for several reasons, say attorneys at Kennedys.

  • Insurance Commissioner's Agenda: DC On Long-Term Care

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    Washington, D.C., Insurance Commissioner Karima Woods outlines the development of insurance coverage for older adults' long-term care benefits and how regulators and the industry are attempting to resolve issues with the popular product.

  • Insurance Commissioner's Agenda: Del. Tackles Mental Health

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    Delaware Insurance Commissioner Trinidad Navarro highlights the state's efforts to achieve insurance coverage parity for mental health care by confronting systemic stigma and penalizing disparate and restrictive insurance determinations.

  • Key Takeaways From The NAIC Summer National Meeting

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    Stephanie Duchene and Kara Baysinger at Willkie highlight what insurance practitioners should know about top industry priorities from the National Association of Insurance Commissioners’ recent national meeting, including climate-related risk, diversity and inclusion, and technological innovation.

  • The Complex State Of Insurance In The Cannabis Business

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    Jan Larson and Philip Sailer at Jenner & Block outline the complex cannabis regulatory schemes perplexing courts faced with insurance coverage cases and discuss legislative solutions that could at least begin to reduce the challenges for both policyholders and insurers.

  • Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • Insurance Commissioner's Agenda: Wis. Tackles Climate Risk

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    Wisconsin Commissioner of Insurance Mark Afable talks about educating consumers on potential climate-risk coverage gaps and mitigation efforts, and encouraging insurers to recognize the latter in underwriting, in the face of increasingly frequent and severe weather disasters.

  • Insurer Considerations For Post-Pandemic Virtual Mediation

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    To determine whether to continue engaging in virtual mediations after the pandemic ends, insurers should weigh the format's challenges against its benefits, including decreased hostility between parties, time and cost, and increased client participation, say Jennifer Gibbs and Amanda Rodriguez at Zelle.