General Liability

  • January 29, 2024

    Insurer's Counterclaim Tossed From $7M Elevator Verdict Row

    An insurer has no grounds to pursue a counterclaim against excess insurer Great American Insurance Co. in a dispute with an elevator maintenance company over a $7.3 million negligence verdict, a Florida federal judge ruled Monday.

  • January 29, 2024

    Insurer-Backed Docs Must Show Tax Records For Bias Check

    A split Michigan appellate court panel has said a car crash victim seeking coverage for his injuries can force the medical examiners hired by his insurer to turn over tax documents, finding the records are relevant to determine potential bias that couldn't be discovered otherwise.

  • January 29, 2024

    Increase In Trafficking Reveals Hospitality Coverage Concerns

    As human trafficking continues to increase and travel returns to prepandemic levels, hospitality industry policyholders may see more direct trafficking exclusions and increased education requirements as the insurance industry works to address this growing risk, experts said.

  • January 29, 2024

    Insurers' Ethylene Oxide Coverage Fight Stayed In Del.

    Four Zurich units cannot yet pursue litigation in Delaware over coverage for hundreds of underlying ethylene oxide pollution lawsuits against a medical equipment sterilization company and other entities, a state court ruled, finding a parallel coverage action in Illinois state court largely covers the same issues.

  • January 29, 2024

    Pollution Exclusion Applies In Oil Well Row, Underwriters Say

    Underwriters for a now-defunct oil services company told a Texas federal court they should not pay a $10.6 million underlying judgment to two companies over drainage losses to their oil wells, because the defunct company's policy excluded pollution and waste claims.

  • January 29, 2024

    Judge Won't Pause Ohio Trafficking Case For Centralization

    An Ohio federal judge denied a woman's bid to pause her sex trafficking lawsuit while she awaits a decision to have her case centralized with other trafficking cases because it would delay efficient resolution.

  • January 29, 2024

    Justices' Pass On Fracking Coverage Unsurprising To Attys

    The U.S. Supreme Court's recent decision not to review a Third Circuit panel's ruling finding no insurance coverage for $13 million in damage to hydraulic fracturing wells did not surprise many legal experts, who said persuading the justices to take up a diversity case involving a state law issue is an uphill battle.

  • January 26, 2024

    Nelson Mullins' Rates Spark Coverage Spat Over Builder's Suit

    An insurance policy battle between an exterior building product manufacturer and its insurer over who should pay for a law firm's services in a separate lawsuit spilled into Ohio federal court this week after the insurer removed the company's case from state court to the federal arena.

  • January 26, 2024

    School Says Security Insurer Failed To Cover Stabbing Row

    A security company's insurer failed to provide coverage to a school for behavioral problems in an underlying suit alleging a student was stabbed and bullied in the gym due to the school's negligence and tolerance of violence, according to a suit removed to D.C. federal court.

  • January 26, 2024

    Missing Comma Can't Impede Chubb Policy, 11th Circ. Told

    A French food wholesaler urged an Eleventh Circuit panel Friday to reverse a lower-court ruling that an insurance company does not have to cover a lawsuit for alleged negligent audits due to a policy clause's missing comma, arguing that the New Jersey law applied in the case favors broad interpretation.

  • January 26, 2024

    9th Circ. Says No Duty To Defend McKesson Opioid Suits

    An AIG unit and a Chubb unit have no duty to defend McKesson Corp. over claims it intentionally oversupplied opioids and inflamed the ongoing opioid epidemic, the Ninth Circuit ruled Friday, finding that the three underlying bellwether suits at issue "describe purely deliberate conduct."

  • January 26, 2024

    Mich. Justices Don't Say If Stalled Driver Was 'Operating' Car

    An uninsured driver struck while pulled to the side of a road can seek damages from the semi-truck driver that hit him after the Michigan Supreme Court declined Friday to intervene following oral arguments earlier this month.

  • January 26, 2024

    NC Insurance Group Not Bound By Medicare Law, Suit Says

    The North Carolina Insurance Guaranty Association asked a federal court to find that it doesn't have to pay back Medicare for claims that should otherwise be covered by private insurance, arguing the agency isn't a policy provider as defined by federal law.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

  • January 26, 2024

    Allstate Says No Coverage For Man Hit By DoorDash Driver

    A DoorDash driver's automobile policy does not provide coverage for injury claims asserted by a pedestrian who was struck by the driver while completing a food delivery, an Allstate unit told a Florida federal court in an amended suit Friday.

  • January 26, 2024

    Mich. High Court Spurns Biker's Crash Coverage Dispute

    The Michigan Supreme Court declined Friday to weigh in on when motorcycle crashes must be covered by auto insurance policies, over the objection of two justices who said case law needed a course-correction.

  • January 26, 2024

    Insurer Sues Engineering Firm Over $5M Quarry Flood

    An engineering firm's two predecessor entities negligently designed two ponds in a quarry and the embankment separating them, causing more than $5 million in damages to a construction company's equipment following a catastrophic embankment failure, the construction company's insurer has told a Florida federal court.

  • January 25, 2024

    Insurer Says Contractor Not Covered In Oil Refinery Fire Suits

    A petrochemical contractor is not entitled to coverage for a number of suits over an incident at an Arkansas oil refinery in which a hazardous substance was released and caught fire, an excess insurer told a Texas federal court Thursday, saying the contractor's two-year delay in providing notice bars coverage.

  • January 25, 2024

    Insurer Can't Block Chapter 11 Asbestos Plan, Justices Told

    Two companies seeking Chapter 11 bankruptcy protection with asbestos claims alongside asbestos claimant representatives urged the U.S. Supreme Court to reject an insurer's opposition to their proposed reorganization plan, in a case that could change who can participate in the often protracted bankruptcy process.

  • January 25, 2024

    Progressive Says Uber Crash Coverage Limited To $50K

    Coverage for Uber and one of its drivers involved in an underlying automobile accident is limited to $50,000, Progressive told a Florida federal court Thursday, stating that a second policy with a $1 million bodily injury limit isn't applicable because the accident didn't occur during a prearranged service.

  • January 25, 2024

    Notice Delay In Chubb's $3.3M Recoupment Bid Bugs 6th Circ.

    A Sixth Circuit panel peppered a Chubb unit with questions Thursday about why the carrier should be able to recoup $3.3 million from two other insurers for its defense of windshield repair company Safelite against a competitor's suit, despite a four-year delay in notice.

  • January 25, 2024

    Power Co. Can't Dismiss Explosion Fraud Claim, Insurers Say

    Two insurers for an infrastructure technology company urged an Ohio federal court not to toss their bid to recoup $18.7 million in damages for a manufacturing facility explosion, maintaining that state law supports their ability to bring both a breach of contract and fraud claim.

  • January 24, 2024

    Bermuda Law Prohibits Arbitrator Removal, 2nd Circ. Told

    A New York federal court properly ruled that it lacked authority to remove the arbitrator presiding over a Bermuda reinsurance arbitration, the reinsurer told the Second Circuit on Wednesday, arguing the counterparty's attempt to revive its petition seeking such a ruling is unsupported by Bermuda law.

  • January 24, 2024

    7th Circ. Ponders If Faulty Steel Damaged O'Hare Project

    The Seventh Circuit questioned Wednesday whether cracked welds in a Chicago O'Hare International Airport canopy damaged the larger structure in a way that would trigger property damage coverage, after a lower court ruled that the canopy's general contractor wasn't covered for over $37.5 million in costs.

  • January 24, 2024

    Geico's Bid For Early Win In COVID Rebate Class Suit Denied

    A California federal judge rejected Geico's bid for victory in a class action that claims the car insurance company owes additional refunds to policyholders after they overpaid their premiums during COVID-19 shutdowns.

Expert Analysis

  • The 7th Circ.'s Top 10 Civil Opinions Of 2022

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

  • Cultivating Good Relationships With Insurance Regulators

    Excerpt from Practical Guidance
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    Insurers can develop mutually beneficial working relationships with insurance regulators by following some simple tips for streamlining communication, knowing how and when to ask for help, and treating regulatory staff with professional courtesy, says Layna Rush at Baker Donelson.

  • More Stringent Calif. Claim Law Could Benefit Policyholders

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    Although a new California statute that imposes additional requirements for policyholder presuit demands — effective Jan. 1 — was ostensibly passed as a bad faith liability shield for insurers, used correctly it may provide a more specific road map for plaintiff recovery, says Shanti Eagle at Farella Braun.

  • Yahoo TCPA Coverage Case Protects 'Sophisticated Insureds'

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    The California Supreme Court's recent decision in Yahoo v. National Union, finding coverage for Telephone Consumer Protection Act claims despite Yahoo's status as a so-called sophisticated insured, highlights why policyholder-friendly rules of construction are not just logical, but necessary, say David Kroeger and Steven Tinetti at Jenner & Block.

  • NY Panel's COVID Nursing Home Case Order Spurs Questions

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    The New York Litigation Coordinating Panel's recent final order to coordinate the resolution of COVID-19 nursing home cases leaves critical parameters for the cases coming under the order undefined, such as time frame and injury, say Christopher Potenza and Elizabeth Adymy at Hurwitz Fine.

  • Check This List Twice: 4 Steps To Abate Coverage Concerns

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    This holiday season give your company the gift of following easy administrative steps to avoid the far-too-common clerical errors that could lead to forfeited insurance coverage, say Vivek Chopra and Mattison Kim at Perkins Coie.

  • Lessons On Notice From 7th Circ. Claims-Made Policy Ruling

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    The Seventh Circuit's recent decision in Hanover Insurance v. R.W. Dunteman contains broad lessons for policyholders — as many claims-made policies include similar aggregation and claims notice provisions as the one at issue — on how to preserve coverage, say Brian Scarbrough and Maura Smyles at Jenner & Block.

  • 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.