General Liability

  • January 27, 2022

    11th Circ. Upholds Geico's Win In $1M Crash Coverage Fight

    The Eleventh Circuit sealed Geico's summary judgment win in a $1 million dispute over coverage for a car crash after it found that the insurer's policyholders didn't buy uninsured motorist insurance.

  • January 27, 2022

    Insurer Must Cover Fatal Auto Auction Crash, 1st Circ. Told

    Victims of a fatal car auction accident urged the First Circuit on Thursday to declare that the insurer of the dealer that owned the vehicle involved must cover the driver and auction company employing him.

  • January 27, 2022

    Travelers Can't Duck Heparin Suit Coverage Bid, Court Told

    Private equity firm ACAS LLC told a Maryland federal court Thursday that Travelers cannot rely on a previous settlement to escape coverage for a lawsuit connected to a tainted batch of the blood thinner heparin because the disputed claims accrued only after that settlement.

  • January 27, 2022

    Aon Says 2021 Disasters Propelled High Insurable Losses

    Hurricane Ida and other major storms that hit the U.S. in 2021 resulted in the third-costliest year on record for the insurance industry, according to a report from professional services company Aon, which warns that climate change threatens to increase risks.

  • January 27, 2022

    Allianz Unit's Negligence Claims Over Hotel Damage Revived

    The Georgia Court of Appeals revived an Allianz unit's negligence claim against a construction manager and its subcontractor over paying out $1.3 million for water damage at an Atlanta hotel.

  • January 27, 2022

    Calif. Talent Agency Denied Coverage Of Agent Poaching Suit

    Markel American Insurance has no duty to defend or indemnify United Talent Agency in a lawsuit alleging it unlawfully poached agents and clients from a competitor, a California federal judge ruled, saying no coverage existed under the insurance policy.

  • January 26, 2022

    Insurance Broker Must Face Trimmed Disability Coverage Suit

    An injured Kansas contractor can continue pursuing some of his claims of negligence and misrepresentation against his insurance broker, although a Kansas federal judge on Wednesday sided with the broker on certain claims.

  • January 26, 2022

    Insurer Eyes Win In $1.7M Faulty Stucco Coverage Fight

    Main Street America Assurance Co. urged a Pennsylvania federal judge to grant it an early win in a $1.7 million coverage dispute against a subcontractor accused of inadequately installing stucco in 34 homes, saying the claims are not covered under the provisions of its policy.

  • January 26, 2022

    Insurer Must Turn Over Underwriting Manuals In Fla. Case

    A Florida-based insurance company must turn over some of its underwriting manuals in a property damage suit, a state appeals court ruled Wednesday, saying it had no reason to believe the documents weren't relevant to the dispute.

  • January 26, 2022

    Gun Rights Group Says San Jose Insurance Edict Is Unlawful

    The National Association for Gun Rights has sued the city of San Jose, California, in federal court, arguing that a newly passed ordinance requiring gun owners to purchase insurance and pay an annual "gun harm reduction fee" violates their constitutional rights.

  • January 26, 2022

    Insurer Says Dairy Isn't Covered In Biometric Privacy Suit

    A Nationwide unit said it has no duty to defend or indemnify Oberweis Dairy in a proposed class action claiming the company violated employees' biometric data rights, saying coverage does not exist under its commercial general liability policy, according to a complaint in Illinois state court.

  • January 25, 2022

    NY Senate OKs Ex-Obama Adviser To Be Top Financial Cop

    Adrienne Harris was confirmed Tuesday to serve as permanent head of New York's banking and insurance regulatory agency, easily overcoming opposition that her nomination had received from progressive groups over her past fintech industry ties.

  • January 25, 2022

    Judge Grants Partial Win To Insurer In Dealership Damage Suit

    A car dealership can't move forward with its breach of contract claim against Landmark American Insurance Co., a Kansas federal judge ruled, saying the company failed to show a policy provision that entitled it to a $2.3 million payout over its damaged vehicles.

  • January 25, 2022

    Construction Co. Says Zurich Liable For $30M Bridge Repairs

    A construction company urged a California federal court to let its coverage action against a Zurich unit go to trial, arguing there are still genuine factual disputes over the more than $30 million in costs the company said it incurred to repair parts of San Francisco's Salesforce Transit Center.

  • January 25, 2022

    Boy Scouts Say Claimant Atty Tweeted Confidential Ch. 11 Info

    The Boy Scouts of America are again accusing sexual abuse claimant attorney Timothy Kosnoff of misconduct, claiming he was live-tweeting a deposition in the organization's Chapter 11 case in violation of a Delaware bankruptcy court judge's order.

  • January 25, 2022

    Geico Must Cover $18M Accident Deal, 11th Circ. Told

    Geico Insurance should be on the hook for covering an $18 million settlement in an underlying suit over injuries suffered in a crash between a car and a golf cart, policyholders told the Eleventh Circuit on Monday, arguing that the golf cart is a private passenger automobile.

  • January 25, 2022

    Distributor Urges 6th Circ. To Revive Opioid Coverage Suits

    A drug distributor told the Sixth Circuit on Monday that a Kentucky federal judge erred when narrowly construing policy language to find two insurers had no duty to fund its defense of 77 suits brought by state and local governments over its alleged role in the opioid epidemic.

  • January 25, 2022

    Beyond Big: Smaller, Hyperfocused Firms Still Stand Out

    Many of the biggest, most profitable law firms are continuing to get bigger. But that doesn't mean there's less room for smaller firms to occupy a leadership position in a set of practices or with a standout culture.

  • January 24, 2022

    Texas Gas Co. Can Proceed With Coverage Suit Over Spill

    A Travelers unit lost its bid Monday to toss a Texas oil and gas company's suit over denied coverage of a saltwater spill that occurred at one of its well sites.

  • January 24, 2022

    Drug Store Urges Ohio Panel Not To Rethink Opioid Ruling

    An Ohio-based drug store pushed back on Monday against Cincinnati Insurance Co.'s request to have an appeals court reconsider its ruling requiring the carrier to defend the store in suits brought over the opioid epidemic, saying the panel's interpretation of damages in the policy language does not warrant review.

  • January 24, 2022

    USC Must Face Insurer's Bid To Rescind Excess Policy

    Ironshore Specialty Insurance Co.'s bid to rescind its excess policy with the University of Southern California over sex abuse allegations against one of its former gynecologists can survive for now, a California federal judge ruled.

  • January 24, 2022

    Opioid Maker Wants 11th Circ. Review Of Excess Insurer's Win

    An opioid maker will ask the Eleventh Circuit to review an Alabama federal judge's ruling giving a Hartford unit an early win in a dispute over coverage for cases involving bodily injuries allegedly caused by the prescription painkiller, according to a recently filed notice.

  • January 24, 2022

    Insurer Says It Doesn't Owe Engineering Co. $25M Coverage

    A Zurich unit told a California federal court that it does not owe $25 million to an engineering company for the costs it incurred to remedy design defects at a natural gas liquefaction facility, saying the insurance claim was filed too late.

  • January 24, 2022

    Calif. Insurance Chief OKs Fire Coverage Option For Farmers

    California's insurance commissioner approved changes to the state's insurer of last resort that will extend coverage to farm properties in areas prone to wildfire damage, the state insurance department said.

  • January 24, 2022

    Insurers Grapple With Proxy Bias Problem In AI Use

    Insurers have long embraced the use of artificial intelligence to improve underwriting accuracy. But while technology can more accurately predict risk, it can also unintentionally discriminate against consumers based on legally protected characteristics — a phenomenon that critics want regulators and the industry itself to work harder to prevent.

Expert Analysis

  • How NJ Bad Faith Auto Insurance Bill Compares To Pa.'s

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    The recently enacted New Jersey Insurance Fair Conduct Act, is in some ways narrower and in other ways broader than Pennsylvania's notoriously strict bad faith statute and leaves open many fundamental questions, which took Pennsylvania decades of litigation to resolve, say Kristin Jones and Brian Callaway at Troutman Pepper.

  • Del. High Court Gets It Right With Opioid Nuisance Ruling

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    In ACE v. Rite Aid, the Delaware Supreme Court has issued a groundbreaking insurance ruling that helps define the fundamental bargain at the heart of commercial insurance coverage and demonstrates why such coverage does not extend to public nuisance claims, says Adam Fleischer at BatesCarey.

  • Flawed NY Insurance Law Needs Amendments

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    The New York Comprehensive Insurance Disclosure Act, recently signed by the governor, imposes a multitude of problematic disclosure obligations on defendant-insureds, which the Legislature should — and likely will — seriously consider modifying or eliminating, says Richard Mason at MasonADR.

  • Justices May Hesitate To Review Calif. Fraud Coverage Case

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    In Adir International v. Starr Indemnity, the policyholders are asking the U.S. Supreme Court to review their challenge of a California law prohibiting insurers from defending insureds in certain consumer protection claims, but the court may not be ready to decide the issue at this time, says Greg Mann at Rivkin Radler.

  • Court Split On Amazon's Seller Liability Could Be Moot

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    Courts across the country have split on Amazon's liability for products sold on its marketplace, but if more e-commerce platforms follow its lead on insurance coverage requirements for vendors, it may not matter how courts resolve the seller liability issue, says Thomas Kurland at Patterson Belknap.

  • JP Morgan Ruling May Have Broad Insurance Implications

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    The New York Court of Appeals' recent decision in J.P. Morgan Securities v. Vigilant Insurance — that settlement funds paid to the U.S. Securities and Exchange Commission did not constitute a penalty for insurance purposes — could have far-reaching application in other types of insurance litigation where plaintiffs could be characterized as seeking equitable relief, say Robert Shulman and Cristen Rose at Paley Rothman.

  • Insurers Should Honor Astroworld Coverage Obligations

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    While insurers may be eager to shift blame on Astroworld showrunner Travis Scott for conditions that resulted in 10 deaths and dozens of injuries, arguments suggesting the tragedy shouldn't be covered appear baseless in light of the facts and the law, says Benjamin Massarsky at Miller Friel.

  • Resolving Asbestos Suits Faster In The Pandemic And Beyond

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    Trial delays due to COVID-19 are an incentive for asbestos plaintiffs and defendants to adopt litigation reforms that can help bring cases to verdicts or settlements faster — changes that will be valuable even after the pandemic ends, says Lisa Oberg at Husch Blackwell.

  • Priority Of Coverage Lessons From 2nd Circ. Insurance Ruling

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    The recent Second Circuit decision in Century Surety v. Metropolitan Transit Authority — holding that, for priority of coverage determination, a contractual indemnity agreement governs over an insurance policy's terms — highlights the importance of understanding how the dynamics between commercial contracts and insurance policies may help shift liability, say Syed Ahmad and Yaniel Abreu at Hunton.

  • Insurance Commissioner's Agenda: NY On Industry Diversity

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    My Chi To, executive deputy superintendent of the New York State Department of Financial Services Insurance Division, discusses steps her agency is taking to promote diversity, equity and inclusion within the insurance industry and suggests practices for companies to consider adopting.

  • Insurance Considerations Amid Increased Use Of Drones

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    The growing use and rapidly evolving regulation of drone technology across industries raise tricky insurance coverage questions and increase exposure to third-party liability and first-party loss, say attorneys at Covington & Burling.

  • 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.