General Liability

  • September 27, 2021

    Insurance Costs And Climate Change: Regulatory Roundup

    California's and Washington's insurance regulators took big steps they argue are designed to help policyholders secure affordable coverage, while several other states said businesses can expect decreases in their workers' compensation insurance rates. Here's a look at what happened in insurance regulation last week.

  • September 27, 2021

    9th Circ. Punts Insurance Tables Of Contents To Mont. Justices

    The Ninth Circuit agreed to certify to the Montana Supreme Court a question of whether insurers can rely on unambiguous exclusions to limit coverage if those provisions aren't noted in a policy's table of contents or other section of notice.

  • September 27, 2021

    Ala. High Court Revives Motor Vehicle Accident Coverage Suit

    Lyndon Southern Insurance Co. did not provide sufficient evidence to avoid coverage of a Toyota Camry driver involved in an accident with the driver of a food distributor's tractor-trailer, the Alabama Supreme Court has ruled, reversing the trial court's order in favor of the insurer.

  • September 27, 2021

    5th Circ. Revives La. Contractor's $2.7M Flood Coverage Suit

    The Fifth Circuit revived a Louisiana-based general contractor's bid for $2.7 million in coverage for a flooded New Orleans hotel, saying the policy language regarding a flood deductible that the contractor's insurers used to deny coverage was ambiguous.

  • September 27, 2021

    Contractor Loses Bid For Defense Of Sam's Club Injury Suit

    A Munich Re unit doesn't have to defend a general contractor in a lawsuit alleging it was responsible for injuries sustained by a subcontractor's employee, a Pennsylvania federal judge decided Friday, finding that an exclusion for subcontractors applied.

  • September 24, 2021

    Coffee Roaster Says Insurers Must Cover It In Fake 'Kona' Suit

    A coffee roaster said Liberty Mutual and other insurers must defend it in a proposed class action accusing it of illegally selling ordinary coffee under the name "Kona" along with Amazon and Walmart, saying the underlying litigation alleged an advertising injury covered by the policy.

  • September 24, 2021

    Otis Dodges Insurer's Suit Over Elevator Fall In Skyscraper

    Otis Elevator has avoided an insurer's suit in Illinois federal court seeking reimbursement after an elevator in Chicago's formerly named John Hancock Center skyscraper fell 84 floors and was shut down by the city, stopping customers from visiting a 95th-floor restaurant insured by the company.

  • September 24, 2021

    Hurricane Nicholas Insured Damages Pegged At $1.1B To $2.2B

    Insured damages from the landfall of Hurricane Nicholas this month ranged from $1.1 billion to $2.2 billion, according to the risk modeling firm RMS.

  • September 24, 2021

    'Forever Chemicals' Coverage Suits Likely To Echo PCB Disputes

    The rising number of lawsuits and legislation concerning so-called forever chemicals has legal experts forecasting that related coverage disputes between product makers and their insurers could follow the same path as those involving another ubiquitous chemical: polychlorinated biphenyls, or PCBs.

  • September 23, 2021

    Texas Law Firm Wants Claims Against Insurer Reheard

    Ryan Law Firm LLP says a Texas federal court erred when tossing bad faith claims it brought against an insurer for failing to cover a legal malpractice settlement, telling the court the decision dismissed a claim that wasn't even contested.

  • September 23, 2021

    Rockville Diocese Insurers Can Get Ch. 11 Abuse Claim Info

    A New York bankruptcy judge said insurers that provided historical liability coverage to the Roman Catholic Diocese of Rockville Centre will be able to access information provided by sexual abuse victims, finding that the materials are relevant to upcoming mediation discussions.

  • September 23, 2021

    West Virginia Reappoints Former Insurance Commissioner

    West Virginia Gov. Jim Justice reappointed an insurance commissioner who previously held the post for two years starting in 2017, according to a letter issued by the governor's office.

  • September 23, 2021

    Insurer Says No-Show In $66M Crash Trial Negates Coverage

    An insurer has asked a Georgia federal court to declare that it doesn't have to cover a $66.5 million verdict entered against a former U.S. Army soldier after a fatal drunken driving wreck because he didn't show up for the trial.

  • September 23, 2021

    Insurer Wants 3M To Pay Up For Warming Device Defense

    3M should pay separate deductibles for each surgery involved in multidistrict litigation over its surgical warming device, a Chubb unit told a Minnesota federal court Wednesday.

  • September 22, 2021

    Chubb Slams Sweep Of Opioid Defense Order For Rite Aid

    A lower court ruling that Chubb must defend Rite Aid Corp. against Ohio county efforts to recover damages for their responses to the opioid epidemic is "at odds with the law and even at war with itself," an attorney for the insurer told Delaware's Supreme Court on Wednesday.

  • September 22, 2021

    Providers Get Class Certification In Geico Underpayment Suit

    A Florida federal judge certified a class of health care providers Wednesday to pursue claims that Geico General Insurance Co. has engaged in a widespread practice of improperly underpaying personal injury protection claims in violation of its policy language.

  • September 22, 2021

    Insurer Avoids Defense Of Fatal Auto Auction Crash Suit

    A Massachusetts federal judge freed Indian Harbor Insurance Co. from having to cover a car company in underlying litigation seeking damages after five people were killed in a car auction event, finding an auto exclusion bars coverage.

  • September 22, 2021

    Insurer Seeks Early Win In Ga. Hotel Trafficking Coverage Row

    Mesa Underwriters Specialty Insurance Co. asked a Georgia federal judge Wednesday to grant it an early victory in its suit against the operators of a Red Roof Inn in the suburbs of Atlanta accused of negligently allowing sex trafficking.

  • September 22, 2021

    Car Crash Victim Tells 1st Circ. Claim Against Geico Is Timely

    A woman who suffered injuries in a car crash told the First Circuit her suit seeking $1 million from Geico should be revived, explaining that a Massachusetts federal judge should have applied the six-year statute of limitations for breach of contract claims.

  • September 21, 2021

    Calif. Assemblymember Levine To Run For Top Insurance Spot

    California Assemblymember Marc Levine kicked off his campaign for state insurance commissioner Monday, becoming the first Democrat to officially challenge incumbent Ricardo Lara for the top regulatory spot in the June 2022 primary.

  • September 21, 2021

    Exxon Can't Tap Excess Policies In $20M Injury Coverage Row

    A Texas appeals court on Tuesday overturned a ruling that allowed ExxonMobil Corp. to recover $20 million from a refinery insurer's umbrella policy to settle claims brought by two injured workers, finding Exxon's agreement with the workers' employer didn't allow it to tap coverage under the policy.

  • September 21, 2021

    Military Contractor And AIG Unit Drop Suit Over Defect Costs

    A California federal judge has dismissed a suit over claims that an AIG unit fraudulently sold a military contractor a liability policy that didn't cover the costs to repair defects at a $35 million U.S. Army training facility, according to a recent court filing.

  • September 21, 2021

    3rd Circ. Vexed By Insurer's Stance In IP Suit Coverage Row

    A Third Circuit panel on Tuesday challenged an insurer's argument that a policyholder isn't owed coverage for a false advertising complaint, questioning how the marketing language at issue in the underlying lawsuit wasn't targeting the suing competitor.

  • September 21, 2021

    Insurer Must Defend Co. In Suit Alleging Shoddy Casino Work

    A Cincinnati Insurance Co. unit must defend a window installation subcontractor in a negligence suit over alleged defects in work performed at a Maryland casino and hotel, a Florida federal court found, saying the suit included claims triggering coverage.

  • September 21, 2021

    Insurer Wants Out Of Covering Day Care Wrongful Death Suit

    Mount Vernon Fire Insurance Co. told an Illinois federal judge that a day care's failure to abide by a commercial general liability policy's staff-to-child ratio relieves the insurer from providing coverage for a wrongful death suit against the facility over the suffocation of a 3-month-old in August 2019.

Expert Analysis

  • 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.

  • NY Ruling Should Make Counsel More Cautious In Emails

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    A recent New York Appellate Division decision, Philadelphia Insurance v. Kendall, makes it much more likely that a settlement could be effectuated by simple email exchanges without more formal written documentation memorializing all the terms of the settlement, says Christopher Gorman at Abrams Fensterman.

  • 5th Circ. Data Hack Ruling May Increase Privacy Litigation

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    The recent Fifth Circuit decision in Landry’s v. Insurance Co. of the State of Pennsylvania, holding that an insurance carrier had a duty to defend a claim arising out of a data breach, could have the unfortunate effect of triggering more personal and advertising injury litigation, say Joshua Mooney and Judy Selby at Kennedys.

  • NY Asbestos Ruling Could Change Insurers' Approach

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    A New York court's recent ruling that Liberty Mutual had to pay 100% of all settlements against its bankrupt and dissolved insured, Jenkins Bros., even though its policies were in force for only part of the asbestos exposure should make insurers think twice before looking to shed some of their asbestos coverage obligations, says John Koch at Flaster Greenberg.

  • An Insurer's Guide To Policyholder Bankruptcy

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    Given the increased likelihood of policyholders filing bankruptcy petitions in the wake of the pandemic, insurance professionals must be aware of five basic principles when dealing with an insured in bankruptcy, says Eric Fitzgerald at Goldberg Segalla.

  • Insurance Language Lesson From An Opioid Ruling

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    A Kentucky federal court's recent decision that the words “because of bodily injury” did not require insurer Motorists Mutual to defend drug company Quest against damages caused by the opioid epidemic provides lessons beyond the opioid context about seeking injury definitions that may be construed to provide broader coverage, say Vivian Bickford and Caroline Meneau at Jenner & Block.

  • 3 Risk Management Lessons From Pandemic Insurance Wars

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    As appellate decisions in COVID-19 business interruption insurance claims continue to clarify the state of the law, there are some things that policyholders' lawyers and risk managers can do in the meantime to help prepare for future unforeseen events affecting coverage, says Peter Halprin at Pasich.

  • Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage

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    The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.